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.

AIX Specialty Insurance Company v. Timed Out, LLC (Oct. 5, 2023, B320255) 2023 WL 6475087

Court of Appeal affirms summary judgment, holding that insurance policy does not cover infringement of models’ rights of publicity

Ivar v. Volkswagen Group of America, Inc. (Sept. 26, 2023, E078783) 2023 WL 6224689

Court of Appeal reverses order denying settlement enforcement and interprets settlement under CCP 998 in favor of GMSR’s clients

GMSR persuades Court of Appeal to set aside $7.619 million judgment against its client

In a wrongful death case, the decedent’s family sued GMSR’s truck-driver client and his employer for negligence.  Before trial, the truck driver disappeared.  When plaintiffs served requests for admissions (RFAs) on the driver regarding liability and he failed to answer, plaintiffs successfully moved the trial

Inzunza et al. v. Naranjo et al. (2023) 94 Cal.App.5th 736

GMSR persuades Court of Appeal to set aside $7.619 million judgment against its client

GMSR secures reversal of anti-SLAPP dismissal on the basis of circumstantial evidence

GMSR’s client, Broadcom subsidiary LSI Corporation, sued a former employee for breaching a confidentiality agreement.  Among other things, LSI alleged that the employee disclosed LSI’s confidential information to his wife’s company by retaining LSI’s confidential material when he left LSI, and then posting that information

LSI Corporation v. Gunnam et al. (May 22, 2023, H049521, H049523) 2023 WL 3577288

GMSR secures reversal of anti-SLAPP dismissal on the basis of circumstantial evidence

May 02, 2023 Laura Lim
VERDICT Magazine, Backdoor Attorney Fees: Costs-of-Proof Awards

Code of Civil Procedure section 2033.420, allows the requesting party to recover its costs of proof—including potentially substantial attorney fees—when the other side unreasonably denies requests for admissions and the requesting party proves the truth of those matters at trial.  In the latest issue of

Aug 01, 2022 Joseph Bui Related Cases
Reversing the trial court, the Court of Appeal holds that the increasing acceptance of remote testimony does not necessarily limit venue changes based on witness convenience

A tort defendant moved pre-trial to transfer the case from San Francisco superior court to San Diego superior court for the “convenience of the witnesses” under Code of Civil Procedure section 397, subdivision (c).  He argued that most of the witnesses were based in San

Jul 28, 2022 Joseph Bui Related Cases
Rycz v. Superior Court of San Francisco County (2022) 81 Cal.App.5th 824

Reversing the trial court, the Court of Appeal holds that the increasing acceptance of remote testimony does not necessarily limit venue changes based on witness convenience

Judgment Reversed: The Ninth Circuit Rules That GMSR’s Clients Did Not Abandon A Favorable Jury Verdict Merely By Arguing That Post-Judgment Proceedings Were Unnecessary

GMSR’s clients, two retirees who unwittingly leased a defective car, secured favorable jury verdicts on two claims under the Song-Beverly Consumer Warranty Act: one for breach of express warranty and another for breach of implied warranty.  Recognizing that they were not entitled to a double

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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COMMUNITY PRO BONO

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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