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.

Jun 01, 2000 Related Cases
FN Development v. Paragon Homes (2000, B123192)

Contract litigation re commercial and residential developments

Dec 01, 1999 Robert A. Olson, Robin Meadow Related Cases
Pelz v. Weider Management, Inc. (1999, C025517)

Impact of plaintiff’s refusal to testify under Fifth Amendment in fraud action

Jul 16, 1999 Robin Meadow Related Cases
Fogarty v. Applied Vascular Devices (1999, H017037)

Breach of inventor’s royalty agreement; expert witnesses; special verdicts

Jun 01, 1998 Related Cases
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

Feb 19, 1998 Robert A. Olson Related Cases
Pattiz v. Minye (1998) 61 Cal.App.4th 822

Dismissal as terminating sanction not “favorable termination on the merits”

Jun 01, 1997 Related Cases
Gordon v. Nelson & Nelson (1997, B118119)

Terminating sanctions and default judgment for attorney’s discovery misconduct

Jun 01, 1997 Edward L. Xanders (Ted) Related Cases
Trent v. Regents of the University of California (1997, B110199)

Discretionary dismissal for delay in prosecution

Dec 30, 1996 Related Cases
Mateluna v. Superior Court (Medimanager, Inc.) (1996) 1996 Cal. LEXIS 7355

Civil contempt citation for alleged violation of preliminary injunction

Jun 01, 1996 Kent L. Richland Related Cases
Lillie v. Bliffen (1996, B085804)

Adequacy of superior court’s specification of reasons for granting new trial

Jun 01, 1995 Related Cases
Fire Insurance Exchange v. National Union Fire Insurance (1995, D020312)

Whether summary judgment for insurer in bad faith action was “favorable termination” for subsequent malicious prosecution action

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

GMSR represents insurers on appeal effectively and efficiently.  We also collaborate with our clients and trial counsel on strategy for coverage, contribution and bad faith litigation before appeals begin.

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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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