Litigation involving trusts, probate, and the interpretation of wills often presents complex substantive and procedural issues. GMSR has successfully navigated these issues on appeal, obtaining a significant U.S. Supreme Court win regarding the scope of the “probate exception” to federal jurisdiction, a California Supreme Court win regarding a trustee’s attorney-client privilege, and numerous Court of Appeal wins involving breaches of fiduciary duty and the interpretation of wills.
Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486
Court reverses trial court’s refusal to add alter ego judgment debtors, holding that alter ego liability applies equally to trustees
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
Citizens Business Bank v. De Mille (June 9, 2010, B209518) 2010 WL 2295011
Court of Appeal voids fraudulent property transfer
Court of Appeal reverses probate court order refusing to enforce charitable testamentary gift
Banks v. Pacific Homes Foundation (2010) 2010 Cal.App. Unpub. LEXIS 1942 (California Court of Appeal, Second Appellate District, Division Five) [unpublished]. The petitioner, as successor trustee, sought a determination that a substantial gift to GMSR’s client, Pacific Homes Foundation, had lapsed and that the gift
Banks v. Pacific Homes Foundation (Mar. 18, 2010, E047364) 2010 WL 985369
Court of Appeal reverses probate court order refusing to enforce charitable testamentary gift
Wright v. Santa Rosa Memorial Hospital (Dec. 17, 2009, A123721) 2009 WL 4882680
Court of Appeal affirms that standing to assert a wrongful death claim is purely statutory and determined as of the date of death
In re Six Flags Claims Trust (July 2, 2008, B188321) 2008 WL 2600718
Validity of beneficiary vote approving payment of trustee fees
In re James G. Stull Living Trust (Jan. 28, 2008, B197564) 2008 WL 217622
In approving a trust accounting involving a settlor’s trust that divided into two subtrusts upon the settlor’s death—one for the benefit of his children and one for the benefit of their stepmother, the settlor’s surviving spouse—the trial court ruled that all trust administrative expenses must
Marshall v. Marshall (2006) 547 U.S. 293
Claims based on interference with an inter vivos trust do not fall within the “probate” exception to federal jurisdiction
Moeller v. Superior Court (1997) 16 Cal.4th 1124
Attorney-client privilege not binding on a successor trustee
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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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