Punitive Damages

GMSR has extensive experience in addressing the propriety of punitive damages awards, both in seeking preserve awards when they are adequately supported and in getting excessive awards reduced or eliminated.

Court of Appeal Affirms Consumer’s Victory Against A Car Manufacturer For Fraud And California Lemon Law Violations

Ford advertised its Super Duty F-250 truck as the heavyweight champion of its class, with unprecedented hauling and towing capacities.  Plaintiff saw those ads, and decided to buy one because he was planning to tow heavy loads into the mountains for extended camping trips.  But

Anderson v. Ford Motor Company (2022) 74 Cal.App.5th 946

Ford advertised its Super Duty F-250 truck as the heavyweight champion of its class, with unprecedented hauling and towing capacities.  Plaintiff saw those ads, and decided to buy one because he was planning to tow heavy loads into the mountains for extended camping trips.  But

Baral v. Schnitt (Jan. 28, 2022, B298050) 2022 WL 263108 [nonpublished opinion]

GMSR’s client and his co-investors agreed to sell their accounting software business.  After the sale closed, an investor who had received $3.6 million for his share sued the client for fraud and breach of fiduciary duty, claiming that he had forced the sale against the

Court Of Appeal Reverses $3.5 Million Jury Award And JNOV Denial, Ordering Entry Of Judgment For GMSR’s Client

GMSR’s client and his co-investors agreed to sell their accounting software business.  After the sale closed, an investor who had received $3.6 million for his share sued the client for fraud and breach of fiduciary duty, claiming that he had forced the sale against the

CRST, Inc. v. Superior Court (2017) 11 Cal.App.5th 1255

A truck driver allegedly caused an accident. Unbeknownst to his employer, he had a significant pre-employment history of alcohol and drug abuse and vehicle accidents. This was not discovered by a third-party which handled pre-employment screenings. The driver also had some minor accidents and speeding

Court of Appeal strikes punitive damage claim against employer of truck driver

CRST, Inc. v. Superior Court, California Court of Appeal, Second District, Division Four [published] Plaintiff sued the employer of a truck driver for negligent hiring/retention and sought punitive damages.  The trial court refused to strike the punitive damages allegations, but the Court of Appeal granted

Court of Appeal reverses quiet title summary judgment against GMSR’s client

Perez v. Wiesand (2015) 2015 Cal.App. Unpub. LEXIS 3361 (California Court of Appeal, Second Appellate District, Division Seven) [unpublished]. GMSR’s client was a defendant in a quiet title action between family members over ownership of two rental properties. A grandson successfully moved for summary judgment,

Wilson v. Southern Cal. Edison Co. (2015) 234 Cal.App.4th 123

Court of Appeal reverses $4 million emotional distress judgment

O’Neil v. Crane Co. (2012) 53 Cal.4th 335

Leading the briefing and oral argument in a case watched nationwide, Laurie won a ruling foreclosing strict liability and negligence liability (in most circumstances) for a manufacturer that did not make or sell an injury-causing product foreseeably used with its own.

Jul 11, 2007 Related Cases
Pointe San Diego Residential Community, L.P. v. W.W.I. Properties (July 11, 2007, D044695) 2007 WL 1991205 [nonpublished opinion]

Real estate dispute; reversal of punitive damage award in corporate derivative suit; only injured party can recover punitive damages; ratio of punitive to compensatory damages

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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

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