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.
Krause v. Wellisch (2000) 2000 Cal. LEXIS 5973
Doctor’s report protected by absolute privilege
FN Development v. Paragon Homes (2000, B123192)
Contract litigation re commercial and residential developments
Pelz v. Weider Management, Inc. (1999, C025517)
Impact of plaintiff’s refusal to testify under Fifth Amendment in fraud action
Fogarty v. Applied Vascular Devices (1999, H017037)
Breach of inventor’s royalty agreement; expert witnesses; special verdicts
Folksam General Mutual Insurance Co. v. Fontana Films Sweden Aktiebolag (1998, B096184)
Award of attorneys’ fees to party who obtains expungement of a lis pendens
Pattiz v. Minye (1998) 61 Cal.App.4th 822
Dismissal as terminating sanction not “favorable termination on the merits”
Gordon v. Nelson & Nelson (1997, B118119)
Terminating sanctions and default judgment for attorney’s discovery misconduct
Trent v. Regents of the University of California (1997, B110199)
Discretionary dismissal for delay in prosecution
Mateluna v. Superior Court (Medimanager, Inc.) (1996) 1996 Cal. LEXIS 7355
Civil contempt citation for alleged violation of preliminary injunction
Lillie v. Bliffen (1996, B085804)
Adequacy of superior court’s specification of reasons for granting new trial
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Who We Serve
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.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
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.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.
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