Contracts

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.

Mar 22, 2018 Timothy T. Coates, Private: Jonathan H. Eisenman Related Cases
Eleanor Licensing LLC v. Classic Recreations LLC (2018) 21 Cal.App.5th 599

The clients had licensed their rights to produce replicas of Eleanor, the car that played a starring role in Gone in 60 Seconds, to the defendants.  In return for the license, the defendants gave the clients, among other things, the first licensed replica they built. 

Mar 22, 2018 Timothy T. Coates, Private: Jonathan H. Eisenman Related Cases
In a published decision, the Court of Appeal affirms GMSR’s clients’ rights to Eleanor, the star car character of the Gone in 60 Seconds films

The clients had licensed their rights to produce replicas of Eleanor, the car that played a starring role in Gone in 60 Seconds, to the defendants.  In return for the license, the defendants gave the clients, among other things, the first licensed replica they built. 

GMSR’s client prevails in a published decision that comprehensively analyzes the governing principles and application of the parol evidence rule

In negotiations over the defendants’ purchase of the client’s family business, the client agreed to accept, as part of the purchase price, $2.5 million in stock of one of the acquiring companies—but he required that the defendants agree to redeem the stock at a fixed

Kanno v. Marwit Capital Partners II, L.P. (2017) 18 Cal.App.5th 987

In negotiations over the defendants’ purchase of the client’s family business, the client agreed to accept, as part of the purchase price, $2.5 million in stock of one of the acquiring companies—but he required that the defendants agree to redeem the stock at a fixed

Main Line Pictures v. Basinger, 1994 Cal.App. Unpub. LEXIS

Judgment reversed because prejudicially ambiguous jury instruction

Farkas v. Lazerson (1994, B070545)

Contract for sale of ophthalmology practice properly cancelled

Northridge Lumber Co. v. Osborne (July 26, 1991, B053868)

Interpretation of real estate sale agreement

Desserts Without Guilt, Inc. v. Coffee Barrel, 1989 U.S. App. LEXIS 24473

Parol evidence rule barred evidence to explain and supplement terms of contract

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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