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 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
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]
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
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]
Court of Appeal affirms summary judgment entitling bank to collect on defaulted loans
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
Smith v. Farmers Group, Inc. (May 14, 2018, B266242) 2018 WL 2192426 [nonpublished opinion]
Defendants were not collaterally estopped from asserting plaintiff’s independent-contractor status
Eleanor Licensing LLC v. Classic Recreations LLC (2018) 21 Cal.App.5th 599
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
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
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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.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
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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