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.

Carachure v. Scott (2021) 70 Cal.App.5th 16

A plaintiff was seriously injured in an auto accident. Her counsel demanded that the defendant and the defendant’s insurance carrier settle the plaintiff’s injury claim by paying the full $15,000 policy limit. The carrier accepted and complied with all the demand’s short-fuse conditions, thereby dashing

Court Of Appeal Rejects Plaintiff’s Attempt To Disavow $15,000 Settlement So As To Pursue A Multi-million-dollar Claim

A plaintiff was seriously injured in an auto accident. Her counsel demanded that the defendant and the defendant’s insurance carrier settle the plaintiff’s injury claim by paying the full $15,000 policy limit. The carrier accepted and complied with all the demand’s short-fuse conditions, thereby dashing

Sep 22, 2021 Alana H. Rotter
GMSR’s Alana Rotter Authors Article On Appellate Stays

Alana Rotter’s article Hitting the Pause Button: Stays Pending Appeal offers practical guidance on how to stay judgment enforcement pending appeal.  The article explains which types of orders and judgments are automatically stayed, options for obtaining a non-automatic stay, and the timing for getting a

Begley v. Delta Dental of California (Aug. 31, 2021, A159983) 2021 WL 3878844 [nonpublished opinion]

Delta Dental laid off 33 employees as part of a reorganization. One sued, alleging pregnancy discrimination and retaliation. The trial court granted summary judgment for Delta, and GMSR secured an affirmance on appeal. Agreeing with GMSR’s position, the Court of Appeal held that Delta established

Court Affirms Summary Judgment For GMSR’s Client On Employment Discrimination Claims

Delta Dental laid off 33 employees as part of a reorganization. One sued, alleging pregnancy discrimination and retaliation. The trial court granted summary judgment for Delta, and GMSR secured an affirmance on appeal. Agreeing with GMSR’s position, the Court of Appeal held that Delta established

Ferra v. Gilmore (Aug. 20, 2021, B303592) 2021 WL 3700420 [nonpublished opinion]

Maria Ferra paid $1.6 million that she did not believe was owed, to stop a deed-of-trust holder from foreclosing on property Maria had sold to a third party under an indemnity and security agreement.  Maria then sued the deed-of-trust holder to recover the wrongfully-demanded money. 

Court Of Appeal Reinstates GMSR’s Client’s Claims Seeking Return Of $1.6 Million

Maria Ferra paid $1.6 million that she did not believe was owed, to stop a deed-of-trust holder from foreclosing on property Maria had sold to a third party under an indemnity and security agreement.  Maria then sued the deed-of-trust holder to recover the wrongfully-demanded money. 

Meridian Financial Services, Inc. v. Phan (2021) 67 Cal.App.5th 657

A rogue employee of a title company promoted a Ponzi scheme in which she obtained investments from the appellant, a real estate entrepreneur whom she knew from handling his escrow business. When the scheme collapsed and the appellant purportedly lost about $9 million, he sued

Court Of Appeal Affirms Defense Summary Judgment Based On Issue Preclusion As To The Appellant’s Unclean Hands

A rogue employee of a title company promoted a Ponzi scheme in which she obtained investments from the appellant, a real estate entrepreneur whom she knew from handling his escrow business. When the scheme collapsed and the appellant purportedly lost about $9 million, he sued

Law Finance Group, LLC v. Key (2021) 67 Cal.App.5th 307

Litigation funder Law Finance Group turned to GMSR after the trial court vacated an arbitration award enforcing LFG’s loan agreement with a borrower.  On appeal, GMSR argued that the trial court lacked jurisdiction to vacate the award because the borrower failed to seek vacatur within

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