Tort Litigation

GMSR’s appellate work has been on the leading edge of important tort issues, running the gamut from duty to breach to causation and damages. GMSR’s substantive experience includes personal injury, property damage, fraud and misrepresentation, products liability, landowner liability, vicarious liability, defamation and invasion of privacy, and construction defects.

Himelsein Mandel Fund Management, LLC et al. v. Fortress Investment Group, LLC et al. (Cal. Ct. App., Mar. 28, 2019, No. B281210) 2019 WL 1395963.

GMSR’s clients sued their lender for destroying their business by reneging on a promise to provide additional funding.  The lender cross-complained for an alleged $113 million deficiency following foreclosure on the security for its loans.  The trial court rejected the clients’ demand for a jury. 

Court of Appeal reverses denial of jury trial, refusing to apply New York law

GMSR’s clients sued their lender for destroying their business by reneging on a promise to provide additional funding.  The lender cross-complained for an alleged $113 million deficiency following foreclosure on the security for its loans.  The trial court rejected the clients’ demand for a jury. 

Pryor et al. v. Fitness International, LLC (Jan. 3, 2019, No. B287329) [2019 Cal. App. Unpub. LEXIS 48]

An employee of GMSR’s client, a health club, took heroin during his work-shift.  Finding him no longer fit to perform his job, the health club’s manager ordered him to leave the premises.  The intoxicated employee then drove away from the club striking and mortally injuring

Employer owes no duty to the general public to keep drug-addled employee at work through the end of his shift or to prevent him from driving intoxicated after being told to leave the premises.

An employee of GMSR’s client, a health club, took heroin during his work-shift.  Finding him no longer fit to perform his job, the health club’s manager ordered him to leave the premises.  The intoxicated employee then drove away from the club striking and mortally injuring

Sullivan v. Southern California Edison Company (July 12, 2018, D073454) [2018 Cal. App. Unpub. LEXIS 4723]

A car crashed into the back of a laundromat, damaging the building’s structure and electrical panel.  GMSR’s client, Southern California Edison, sent a representative to inspect the panel and he decided to leave the electrical power turned on.  The next day, while repairing structural damage,

Court of Appeal refuses to order new trial of multi-million dollar tort suit against GMSR’s utility client

A car crashed into the back of a laundromat, damaging the building’s structure and electrical panel.  GMSR’s client, Southern California Edison, sent a representative to inspect the panel and he decided to leave the electrical power turned on.  The next day, while repairing structural damage,

Newland v. County of Los Angeles (2018) 24 Cal.App.5th 676

Plaintiff was injured in a car accident with a Los Angeles County deputy public defender who was on his way home from work. Although employers are generally not liable for accidents arising from an employee’s commute, the plaintiff sued GMSR’s client, the County, contending it

Court of Appeal reverses $13.9 million jury award and orders entry of defense judgment for GMSR’s client in employee commuting case

Plaintiff was injured in a car accident with a Los Angeles County deputy public defender who was on his way home from work. Although employers are generally not liable for accidents arising from an employee’s commute, the plaintiff sued GMSR’s client, the County, contending it

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

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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