Wins

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

Court of Appeal holds that plaintiffs’ exclusive remedy for defendant’s intentional interference with inheritance expectancy was in probate court

Relying on Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, plaintiffs sued their uncle, GMSR’s client, in civil court for intentionally interfering with their expectation of inheritance.  They claimed their uncle intentionally exerted undue influence over his parents and interfered with his mother’s desires to leave

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.

Ninth Circuit grants GMSR’s motion to dismiss interlocutory appeal from discovery ruling

GMSR, representing the defendant seeking to take the deposition, moved to dismiss the appeal. The motion argued that Ninth Circuit case law precludes a party from appealing an interlocutory discovery ruling, and that the same rationale should apply to non-party IMS because its objections were identical to Valley’s.

Court of Appeal rejects claim that Michael Jackson gave away 15% of his business at a middle-of-the-night meeting

Four people claimed that Michael Jackson promised them 15% of The Michael Jackson Company in a middle-of-the-night meeting in 2006. After a long bench trial, the probate court rejected those claims on multiple grounds and confirmed that Jackson wholly owned the company.

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. 

An insurance company can terminate its agents for reasons not specifically listed in the governing agency agreements

An insurance agent trade association sued seeking a declaration that GMSR’s insurance company client can only discipline or terminate its agents for cause (which did not include how the agency was operated) and asserted that the governing Agency Appointment Agreements were unconscionable in allowing either

Jan 17, 2019 Marc J. Poster
Court of Appeal reverses order denying GMSR’s client’s motion to disqualify opposing party’s law firm

Before he became an attorney, the principal attorney in the law firm now representing a former employee against his employer was the employer’s president and chief operating officer.  He supervised outside attorneys conducting an investigation of the conduct that led to the employee’s dismissal.  The

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

Court of Appeal affirms summary judgment entitling bank to collect on defaulted loans

GMSR’s client, a bank, sued borrowers and a guarantor to collect on long-outstanding loans. The borrowers and guarantor attempted to avoid liability by challenging the admissibility of the bank’s evidence of the loans, chain of title, and outstanding balance.  The trial court granted summary judgment

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