A contract dispute can arise over a complex multi-page agreement or single-page letter of intent. In either case, when a contract is breached or its terms are disputed, GMSR’s appellate lawyers step in to preserve and defend their clients’ interests on appeal. GMSR’s appellate lawyers have extensive experience – representing both plaintiffs and defendants, involving both personal and business contracts – in which they have been successful in attacking a trial court’s erroneous interpretation of a contract’s terms or defending against an adversary’s erroneous contract construction.
Court of Appeal affirms declaratory judgment, saving GMSR’s client tens of millions in rent
GMSR’s client, VMA Palomar, LLC (VMA), is the commercial tenant under a 42-year ground lease with landlord Farmers and Merchants Trust Company of Long Beach (FMT). The monthly rent was based on the property’s fair market value in the 1970s, when the lease began. The
VMA Palomar, LLC v. Farmers & Merchants Trust Company of Long Beach (July 21, 2025, B340167) 2025 WL 2028217
Court of Appeal affirms declaratory judgment, saving GMSR’s client tens of millions in rent
GMSR persuades California Supreme Court that economic loss rule doesn’t bar all fraudulent concealment claims between contracting parties
Courts have split over whether a plaintiff can assert a tort claim for fraudulent concealment during the performance of a contract, or whether such claims are barred by the common-law economic loss rule. The California Supreme Court accepted the Ninth Circuit’s request to resolve the
Rattagan v. Uber Technologies, Inc. (2024) 17 Cal.5th 1
GMSR persuades California Supreme Court that economic loss rule doesn’t bar all fraudulent concealment claims between contracting parties
Published Court of Appeal opinion decides statute of limitations for breaches of spousal fiduciary duties
Over the course of a 30-year marriage, the wife worked as an independent contractor for a business owned by her husband (GMSR’s client). During divorce proceedings, the wife claimed the husband had breached his spousal fiduciary duty by taking excessive withholdings from her separate property
In re Marriage of Wiese (2024) 102 Cal.App.5th 917
Published Court of Appeal opinion decides statute of limitations for breaches of spousal fiduciary duties
GMSR’s Cindy Tobisman Appears Before The California Supreme Court
GMSR co-managing partner Cindy Tobisman appeared yesterday before the California Supreme Court to argue for the petitioner, Michael Rattagan, in a case against Uber Technologies, Inc. The Ninth Circuit Court of Appeals had asked the Court to decide whether, under California law, claims for fraudulent
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
On behalf of Columbo creators, GMSR persuades Court of Appeal to reinstate a fraud claim and keep alive a breach of contract claim involving Universal Studios’ failure to pay tens of millions in royalties
The creators of the 1970s hit television series Columbo were contractually entitled to a share of the show’s net profits—but the studio failed to pay them anything for decades, representing that the show had no net profits. Eventually, the studio sent an accounting statement revealing
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Who We Serve
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.
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.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
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.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
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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