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.

GMSR wins affirmance of anti-SLAPP order, striking malicious prosecution claim against individual who assisted police officers

Rental property managers in San Luis Obispo received anonymous letters threatening to shoot them and their tenants if they rented properties to minorities.  The police identified a chief suspect, Richard Orcutt, and contacted one of Orcutt’s prior co-workers, city fire official John MacDonald.  MacDonald stated

Nigel B. v. Burbank Unified School District (2023) 93 Cal.App.5th 64

GMSR wins reversal and remand of $1.75 million judgment against school district, with instructions to hold trial on apportionment of fault

Court of Appeal affirms summary judgment, finding no duty in case alleging inadequate streetlighting by public utility

While on their nightly walk to a neighborhood park, the plaintiffs’ parents were hit in a crosswalk.  The plaintiffs sued Caltech and GMSR’s client, the public utility that provided streetlighting in the area.  The plaintiffs contended that because of Caltech’s efforts to mitigate light pollution

Pham et al. v. Southern California Edison Company (May 2, 2023, B316026) 2023 WL 3189810 [nonpublished opinion]

Court of Appeal affirms summary judgment, finding no duty in case alleging inadequate streetlighting by public utility

Orcutt v. MacDonald (Mar. 16, 2023, B319016) 2023 WL 2532025 [nonpublished opinion]

GMSR wins affirmance of anti-SLAPP order, striking malicious prosecution claim against individual who assisted police officers

GMSR secures affirmance of summary judgment for vacation-rental owners

GMSR’s clients own a rental home in the Palm Springs area.  Two weeks into a stay at the home, the renters’ 12-year old child was injured when she walked full-speed into a sliding glass door dating back to 1958.  The renters sued GMSR’s clients, alleging

Campbell v. Budd (Oct. 18, 2022, B306687) 2022 WL 10252427 [nonpublished opinion]

GMSR secures affirmance of summary judgment for vacation-rental owners

Court of Appeal reaffirms that businesses with perpendicular parking generally have no duty to protect against curb-jumping vehicles

Plaintiff was injured when a mall patron pulling into a parking space perpendicular to the curb pressed the accelerator instead of the brake, causing the vehicle to jump a concrete wheel-stop and the curb.  The Court of Appeal affirmed summary judgment for GMSR’s client, the

Beaudreau v. Burnham USA Equities, Inc. et al. (Aug. 23, 2022, G059971) 2022 WL 3593351 [nonpublished opinion]

Court of Appeal reaffirms that businesses with perpendicular parking generally have no duty to protect against curb-jumping vehicles

On behalf of Columbo creators, GMSR persuades Court of Appeal to reinstate a fraud claim and keep alive a breach of contract claim involving Universal Studios’ failure to pay tens of millions in royalties

The creators of the 1970s hit television series Columbo were contractually entitled to a share of the show’s net profits—but the studio failed to pay them anything for decades, representing that the show had no net profits.  Eventually, the studio sent an accounting statement revealing

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.

Read More
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.

Read More
BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

Read More
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.

Read More
INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

Read More
COMMUNITY PRO BONO

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.

Read More