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.

May 23, 2011 Gary J. Wax Related Cases
Court affirms denial of attorney fee award to opponent of GMSR’s public entity client

Martinez v. Los Angeles County Metropolitan Transportation Authority (2011) 195 Cal.App.4th 1038 (California Court of Appeal, Second Appellate District, Division One) [published]. Plaintiff accepted a settlement offer under Code of Civil Procedure section 998 from GMSR’s client, Los Angeles County Metropolitan Transportation Authority. The offer

Mar 30, 2011 Related Cases
Ruttlen v. County of Los Angeles (Mar. 30, 2011, B223345) 2011 WL 1138420 [nonpublished opinion]

In a prior appeal, the court affirmed the trial court’s grant of the anti-SLAPP motion filed by GMSR’s client, the County of Los Angeles, and remanded the case for an award of fees to the County. After the briefing on the fee motion was ostensibly

Mar 30, 2011 Related Cases
Court affirms attorney fee award to GMSR’s public entity client

Ruttlen v. County of Los Angeles (2011) 2011 Cal.App. Unpub. LEXIS 2389 (California Court of Appeal, Second Appellate District, Division Three) [unpublished]. In a prior appeal, the court affirmed the trial court’s grant of the anti-SLAPP motion filed by GMSR’s client, the County of Los

Court reverses trial court’s refusal to add alter ego judgment debtors

Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486 (California Court of Appeal, Second Appellate District, Division One) [published]. While attempting to collect an $8 million arbitration award that GMSR had successfully defended against vacatur, GMSR’s client learned that the defendant companies had transferred nearly all

Dec 13, 2010 Related Cases
Parks Legal Defense Fund v. City of Huntington Beach (Dec. 13, 2010, G043109) 2010 WL 5066160 [nonpublished opinion]

The City of Huntington Beach, GMSR’s client, planned to construct a state-of-the-art senior center in one of its parks. The trial court halted the project. Among other things, it found that the funding mechanism for the center was an illegal use of fees assessed against

May 18, 2010 Related Cases
Genji Torihara v. Regents of University of California (May 18, 2010, B215801) 2010 WL 1972262 [nonpublished opinion]

Plaintiff injured his foot when the wheelchair in which he was riding hit a wall. He was in the hospital at the time, being pushed between the CT room and the x-ray room, for doctor-ordered tests for possible head injuries. Plaintiff did not file his

Feb 10, 2010 Related Cases
Arellano v. Regents of University of California (Feb. 10, 2010, G041485) 2010 WL 455396 [nonpublished opinion]

Plaintiff was represented by two law firms, neither of which prepared or filed opposition to the defendant’s motion for summary judgment based on the standard of care. One firm unilaterally withdrew from representing plaintiff a few days before the hearing and the other firm asked

Feb 10, 2010 Related Cases
Court of Appeal affirms order denying reconsideration of summary judgment where plaintiff failed to file opposition to original motion

Arellano v. The Regents of the University of California (2010) 2010 Cal.App. Unpub. LEXIS 986 (California Court of Appeal, Fourth Appellate District, Division Three) [unpublished]. Plaintiff was represented by two law firms, neither of which prepared or filed opposition to the defendant’s motion for summary

Jasmine Networks, Inc. v. Superior Court (2009) 180 Cal.App.4th 980

Former trade secrets owner had standing to assert trade secret misappropriation claim

Dec 18, 2009 Related Cases
Wright v. Santa Rosa Memorial Hospital (Dec. 17, 2009, A123721) 2009 WL 4882680 [nonpublished opinion]

Three siblings attempted to sue for the wrongful death of their sister, arguing that they became the sister’s heirs when their mother died after the sister. The Court of Appeal disagreed and affirmed the trial court’s ruling that the plaintiffs did not have standing to

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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