Procedural issues create many traps for the unwary: Irregularities in trial court proceedings or ambiguous verdicts may require a new trial; failing to raise an objection in the trial court can foreclose appellate review of an issue; a settlement that purports to preserve the right to appeal can moot the appeal. The list goes on and on. GMSR is experienced in spotting procedural defects and navigating nuances that can be dispositive on appeal. For that reason, trial counsel and clients often consult with GMSR’s appellate lawyers as a case progresses, in order to maximize their chances of success in an eventual appeal. GMSR’s appellate lawyers have also gotten appeals dismissed, revived litigation that should not have been dismissed, and successfully developed arguments for affirmance or reversal, all based on procedural issues.
The owner of a car dealership sued his former business partner, seeking to collect on a promissory note. The former business partner sought to abate the action under Code of Civil Procedure section 430.10(c), arguing that it involved the same claims and parties as in
Court of Appeal reverses demurrer based on plea of abatement, allowing GMSR’s client’s lawsuit to proceed
A 911 caller reported that a man in his apartment complex was acting erratically. City of Oxnard police officers went to the complex, and ultimately used physical force to subdue the man. A County of Los Angeles paramedic then arrived and provided him with emergency
On January 7, GMSR’s co-managing partner, Cindy Tobisman, appeared for oral argument in the California Supreme Court on behalf of the plaintiff in Madrigal v. Hyundai Motor America, which poses the following issue: Do Code of Civil Procedure section 998’s cost-shifting provisions apply if the
Plaintiffs sued numerous doctors and hospitals for failing to diagnose a rare brain infection. Their counsel repeatedly failed to produce their designated medical expert for deposition. The court eventually excluded the expert, but declined to dismiss the case because plaintiffs’ counsel contended that she could
California appellate courts are split on whether a writ petition is the exclusive means to challenge a good faith settlement determination under Code of Civil Procedure section 877.6 or whether litigants can raise the issue on appeal from the final judgment. In a new article
GMSR wins affirmance of judgment, costs, and sanctions awards in medical malpractice case
GMSR’s client, represented at trial by Strategic Legal Practices, was scheduled to try her case before a San Diego judge, but his calendar became too crowded. Acting under Local Rule 2.1.3, which purports to provide any judge of that court with the power to act
Court of Appeal invalidates San Diego County Local Rule 2.1.3 and vacates judgment entered after judge rejected peremptory challenge
GMSR’s landlord client invited a guest to visit her property. During the visit, a dog attacked the guest and she sued the landlord for negligence. At trial, the landlord presented evidence that her tenant owned the dog and was therefore strictly liable to the plaintiff
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