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.
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
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
In a 2013 lawsuit, GMSR’s bank client recovered a default judgment for damages and nearly $400,000 in attorney fees. Seven years later, the defendant moved to set aside the judgment. The trial court granted the motion on the basis that there were procedural defects in
Court of Appeal reverses order setting aside default judgment
Ninth Circuit affirms judgment, rejecting plaintiffs’ belated effort to change insurance bad faith theories
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
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
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
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