Civil Procedure

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.

Jean-Louis v. City of Riverside (9th Cir., June 15, 2021, No. 19-55175) __Fed.Appx.__, 2021 WL 2433615

Louis Jean-Louis sued the City of Riverside, City officials, and City employees, alleging a scheme to place houses into receivership by levying excessive fines for violating City ordinances. The district court dismissed Jean-Louis’ suit on res judicata grounds, because Jean-Louis had previously settled and dismissed

Ninth Circuit Affirms Judgment For GMSR’s Clients, Finding Appellant’s Argument Forfeited And Without Merit

Louis Jean-Louis sued the City of Riverside, City officials, and City employees, alleging a scheme to place houses into receivership by levying excessive fines for violating City ordinances. The district court dismissed Jean-Louis’ suit on res judicata grounds, because Jean-Louis had previously settled and dismissed

Melamed v. Cedars-Sinai Medical Center (March 22, 2021, B292794) 2021 WL 1084783 [nonpublished opinion]

A physician brought administrative mandamus proceedings seeking to overturn a medical peer review determination that upheld the summary suspension of his medical staff privileges.  His mandamus arguments, however, challenged a different decision than what the parties had agreed the peer review hearing committee would decide—the

Court of Appeal Finds Physician Failed to Exhaust Administrative Remedies in Medical Peer Review Matter

A physician brought administrative mandamus proceedings seeking to overturn a medical peer review determination that upheld the summary suspension of his medical staff privileges.  His mandamus arguments, however, challenged a different decision than what the parties had agreed the peer review hearing committee would decide—the

Berroteran v. Superior Court (2019) 41 Cal.App.5th 518

In a published decision that disagrees with a sister court decision, Wahlgren v. Coleco Industries, Inv. (1984) 151 Cal.App.3d 543 (Wahlgren), the Court of Appeal granted GMSR’s petition for writ of mandate and directed the trial court to vacate in limine orders that had excluded

Court of Appeal grants petition for writ of mandate, vacating exclusion of key deposition evidence

In a published decision that disagrees with a sister court decision, Wahlgren v. Coleco Industries, Inv. (1984) 151 Cal.App.3d 543 (Wahlgren), the Court of Appeal granted GMSR’s petition for writ of mandate and directed the trial court to vacate in limine orders that had excluded

Wood v. Sparks Enterprises LP (Oct. 2, 2019, G056181) 2019 WL 4854837 [nonpublished opinion]

Plaintiff filed a negligence action against GMSR’s client, a shopping center owner, alleging that he was injured when he walked into a pole in a landscaped area separating a parking lot from the sidewalk.  A jury found in favor of the property owner.  Plaintiff appealed,

Court of Appeal affirms judgment for GMSR’s property owner client

Plaintiff filed a negligence action against GMSR’s client, a shopping center owner, alleging that he was injured when he walked into a pole in a landscaped area separating a parking lot from the sidewalk.  A jury found in favor of the property owner.  Plaintiff appealed,

Daniels v. Southern California Edison Co. (July 8, 2019, E069183) 2019 WL 2912505 [nonpublished opinion]

A firefighter was electrocuted when he touched the firetruck he was working on at the same time his crewmember rotated the truck’s aerial ladder into a 25-foot-high power line owned by GMSR’s client, Southern California Edison.  The firefighter sued, alleging that Edison negligently failed to

Court of Appeal affirms judgment for GMSR’s utility client, finding no basis for liability following firefighter’s accident.

A firefighter was electrocuted when he touched the firetruck he was working on at the same time his crewmember rotated the truck’s aerial ladder into a 25-foot-high power line owned by GMSR’s client, Southern California Edison.  The firefighter sued, alleging that Edison negligently failed to

Who We Serve

PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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TRIAL COUNSEL

The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

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INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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