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, 1995 Related Cases
Lawley v. Ecology Auto Wreckers (1995, B065177)

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

Mungo v. City National Bank (1995, B084558)

Impact of entry of judgment on trial court’s power to reconsider summary judgment; lender liability

Mar 30, 1995 Related Cases
Consolidated International Automotive, Inc. v. Kuang Shiung Chen (Freedman R.P.I.) (9th Cir. 1994) 51 F.3d 279 [nonpub. opn.]

$85,000 sanctions for alleged inadequate pre-filing investigation of merits

Main Line Pictures, Inc. v. Basinger (Sept. 22, 1994, B077509) 1994 WL 814244 [nonpublished opinion]

Judgment reversed because prejudicially ambiguous jury instruction

Dec 10, 1992 Related Cases
Rogalski v. Nabers Cadillac (1992) 11 Cal.App.4th 816

Insurer’s failure to provide defense in wrongful termination suit as ground to set aside default judgments

Jun 01, 1991 Related Cases
Valenzuela v. Sears (Dec. 19, 1991, E007882)

Proper procedural steps necessary to preserve cause of action against defendant who dies during trial

George v. Internat. Society for Krishna Consciousness (1989) 213 Cal.App.3d 729

Amending tort judgment to add additional religious corporations while appeal from original judgment was pending

Honda Motor Co. v. Salzman (Alaska 1988) 751 P.2d 489

Terminating discovery sanctions against corporate defendant

Jan 15, 1985 Related Cases
Aguilar v. Los Angeles County (9th Cir. 1985) 751 F.2d 1089

Injured child was an indispensable party whose joinder destroyed diversity

Oct 12, 1984 Related Cases
St. Vincent Medical Center v. Superior Court (1984) 160 Cal.App.3d 1030

Court of Appeal grants writ, upholds statutory expert disclosure deadlines in hospital’s favor

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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