Real Property

GMSR’s clients have brought us the full gamut of real property issues, including lease disputes, lis pendens, title insurance, escrow and development agreements, and eminent domain. In protecting our clients’ interests on appeal, we have obtained important decisions in these and other areas.

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

FOROUGH ETELAEI, as Trustee, et al., v. FIRST GENERAL BANK (Cal. Ct. App., June 18, 2019, No. B287186) 2019 WL 2511405

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.

Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (Apr. 23, 2018, B279198) [2018 Cal. App. Unpub. LEXIS 2724]

The client owns property in Rolling Hills, a community subject to a patchwork of covenants, conditions, and restrictions.  The defendants—the community’s homeowners association and several of its board members—took the position that a tree-trimming covenant applied to every property in the community, including the client’s. 

Wilson v. Southern California Edison Co. (2018) 21 Cal.App.5th 786

The plaintiff sued GMSR’s client, Southern California Edison, after renovations to her bathroom caused her to feel a slight tingle of electricity when she touched her showerhead, caused by neutral-to-earth voltage from a nearby Edison substation.  She won a $4 million jury verdict on multiple

GMSR wins second reversal in high-stakes nuisance lawsuit

The plaintiff sued GMSR’s client, Southern California Edison, after renovations to her bathroom caused her to feel a slight tingle of electricity when she touched her showerhead, caused by neutral-to-earth voltage from a nearby Edison substation.  She won a $4 million jury verdict on multiple

Prometheus Real Estate Group, Inc. v. Marazzo (Oct. 19, 2017, A143364) [2017 Cal. App. Unpub. LEXIS 7234]

Prometheus, a real estate developer, entered into an agreement with GMSR’s property-owner client that contemplated a residential development in Mountain View on the client’s property. Prometheus sued the property owner for breach of the implied covenant of good faith and fair dealing after the property

Court of Appeal affirms judgment for GMSR’s client in real estate dispute

Prometheus Real Estate Group, Inc. v. Marazzo, et al. (unpublished, 1st Civ. A143364):  Prometheus, a real estate developer, entered into an agreement with GMSR’s property-owner client that contemplated a residential development in Mountain View on the client’s property. Prometheus sued the property owner for breach

Corona Summit v. Spuso5 Corona Summit, L.P., 2013 Cal.App. Unpub. LEXIS 4633

GMSR obtains $66 million reduction of judgment and reversal of alter ego determination

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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