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.

Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130

Plaintiff had an at-will contract with a non-party to develop a drug based on a certain active ingredient.  Defendant Biogen reached its own deal with that non-party to settle patent disputes and to license the same active ingredient—requiring that the at-will contract with Plaintiff be

GMSR wins landmark decision on unfair competition, tortious interference with contract

Plaintiff had an at-will contract with a non-party to develop a drug based on a certain active ingredient.  Defendant Biogen reached its own deal with that non-party to settle patent disputes and to license the same active ingredient—requiring that the at-will contract with Plaintiff be

8451 Melrose Property, LLC v. Akhtarzad (May 28, 2020, B288963) 2020 WL 2765575 [nonpublished opinion]

Court of Appeal Opinion – View Document

Court of Appeal affirms damages and fee awards in favor of real estate developers and rejects neighboring homeowners association’s million-dollar counterclaim.

GMSR’s clients acquired four parcels of land and began developing residential homesites—a process that requires frequent pre-development visits by multiple contractors.  Because the land was not adjacent to public streets, the developers and their visitors accessed it by driving through a guarded gate and then

Millennium-Diamond Road Partners, LLC v. Diamond Bar Country Estates Association (Sept. 25, 2019, B285539) 2019 WL 4635158 [nonpublished opinion]

GMSR’s clients acquired four parcels of land and began developing residential homesites—a process that requires frequent pre-development visits by multiple contractors.  Because the land was not adjacent to public streets, the developers and their visitors accessed it by driving through a guarded gate and then

GMSR’s client faced loss of her home on account of an unauthorized home equity loan from which she received nothing. Judgment for the lender reversed.

The issue on appeal was whether evidence of the homeowner’s execution of a written agreement with a third party ratified the third party’s previously unauthorized execution of a trust deed on her home.  Since a trust deed must be in writing, under the “equal dignities

Etelaei v. First General Bank (June 18, 2019, B287186) 2019 WL 2511405 [nonpublished opinion]

The issue on appeal was whether evidence of the homeowner’s execution of a written agreement with a third party ratified the third party’s previously unauthorized execution of a trust deed on her home.  Since a trust deed must be in writing, under the “equal dignities

Court of Appeal affirms $3.9 million judgment on commercial guaranty, holding that federal law bars guarantor’s assertion of “sham guaranty” defense

Court of Appeal affirms $3.9 million judgment on commercial guaranty, holding that federal law bars guarantor’s assertion of “sham guaranty” defense.

Pacific Western Bank v. Far Out Productions, Inc. v. Audio Visual Entertainment, Inc. (Dec. 31, 2018, B278076, B278122) 2018 WL 6839451 [nonpublished opinion]

GMSR’s client, a bank, sued borrowers and a guarantor to collect on long-outstanding loans. The borrowers and guarantor attempted to avoid liability by challenging the admissibility of the bank’s evidence of the loans, chain of title, and outstanding balance.  The trial court granted summary judgment

Court of Appeal affirms summary judgment entitling bank to collect on defaulted loans

GMSR’s client, a bank, sued borrowers and a guarantor to collect on long-outstanding loans. The borrowers and guarantor attempted to avoid liability by challenging the admissibility of the bank’s evidence of the loans, chain of title, and outstanding balance.  The trial court granted summary judgment

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.

Read More
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.

Read More
BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

Read More
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.

Read More
INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

Read More