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.

Court Of Appeal Reverses Order Setting Aside Default Judgment

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

Coastline JX Holdings LLC v. Letwak & Bennett (May 16, 2022, G059646) 2022 WL 1534602

Court of Appeal reverses order setting aside default judgment

Ray v. State Farm Mutual Auto. Ins. Co. (9th Cir. Oct. 21, 2021, No. 20-55989) 2021 WL 4902357

Ninth Circuit affirms judgment, rejecting plaintiffs’ belated effort to change insurance bad faith theories

Carachure v. Scott (2021) 70 Cal.App.5th 16

Court of Appeal rejects plaintiff’s attempt to disavow $15,000 settlement so as to pursue a multi-million-dollar claim

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

Sep 22, 2021 Alana H. Rotter
GMSR’s Alana Rotter Authors Article On Appellate Stays

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

Begley v. Delta Dental of California (Aug. 31, 2021, A159983) 2021 WL 3878844

Court affirms summary judgment for GMSR’s client on employment discrimination claims

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

Ferra v. Gilmore (Aug. 20, 2021, B303592) 2021 WL 3700420

Court of Appeal reinstates GMSR’s client’s claims seeking return of $1.6 million

Court Of Appeal Reinstates GMSR’s Client’s Claims Seeking Return Of $1.6 Million

Maria Ferra paid $1.6 million that she did not believe was owed, to stop a deed-of-trust holder from foreclosing on property Maria had sold to a third party under an indemnity and security agreement.  Maria then sued the deed-of-trust holder to recover the wrongfully-demanded money. 

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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