Wins

GMSR has a stellar track record and reputation as writs and appeals attorneys. Below is a sample of recent wins for our clients.

GMSR secures reinstatement of client’s fraudulent inducement claims

Owners of a Nissan Sentra sued Nissan, alleging that Nissan fraudulently induced them to buy their car by concealing the fact that the transmissions in the Sentras were defective.  The trial court sustained Nissan’s demurrer based on the “economic loss rule,” which bars certain tort

GMSR secures split in authority before the California Supreme Court weighs in: Court of Appeal agrees with GMSR that manufacturers are not entitled to offsets for a car consumer’s resale of a “lemon”

The Song-Beverly Act requires car manufacturers to promptly buy back defective cars without the consumer having to sue.  Consumer advocates have long argued that manufacturers may not offset damages for amounts that plaintiffs are credited when they sell or trade in a defective car under

GMSR’s writ petition, filed on behalf of its medical group client, persuades Court of Appeal to intervene in discovery dispute

California Evidence Code section 1157 shields from civil discovery the records and proceedings of medical peer review committees.  Based on this shield, a medical group facing a negligent hiring suit objected to several discovery requests that called for peer-review-related material.  The trial court overruled the

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

Court Of Appeal Reverses Order Permitting Statutory Buyout Of GMSR Client’s Interest In An LLC

GMSR’s clients own a combined 50% interest in a limited liability company (LLC).  Following years of dissension with the holders of the remaining 50% interest, one of GMSR’s clients sued for a decree of judicial dissolution.  The holders of the opposing 50% interest filed a

The Ninth Circuit Affirms Dismissal Of Covid-Related Insurance Coverage Suit Against GMSR’s Client Based On Policy’s Exclusions

A California-based healthcare facility operator sued its insurance carrier after the carrier denied coverage for the facility’s alleged Covid-19-related losses.  Like dozens of other unsuccessful Covid-19-era lawsuits against insurance carriers, it alleged “direct physical loss of or damage” to its property from the presence of

Reversing The Trial Court, The Court of Appeal Holds That The Increasing Acceptance Of Remote Testimony Does Not Necessarily Limit Venue Changes Based On Witness Convenience

A tort defendant moved pre-trial to transfer the case from San Francisco superior court to San Diego superior court for the “convenience of the witnesses” under Code of Civil Procedure section 397, subdivision (c).  He argued that most of the witnesses were based in San

Court of Appeal Affirms Order Enforcing No Contest Clause, Making New Law On The Probable Cause Standard

A trust beneficiary filed and litigated a trust contest, despite multiple warnings that the contest was barred by Probate Code section 16061.7’s 120-day deadline and that if the trust beneficiary continued to press the contest, her interest in the trust would be invalidated under the

Judgment Reversed: The Ninth Circuit Rules That GMSR’s Clients Did Not Abandon A Favorable Jury Verdict Merely By Arguing That Post-Judgment Proceedings Were Unnecessary

GMSR’s clients, two retirees who unwittingly leased a defective car, secured favorable jury verdicts on two claims under the Song-Beverly Consumer Warranty Act: one for breach of express warranty and another for breach of implied warranty.  Recognizing that they were not entitled to a double

Court of Appeal affirms attorney fee rulings favorable to GMSR’s client, and finds appellant forfeited his merits argument

As part of enforcing a judgment, a bank levied on the judgment debtor’s individual retirement account.  The debtor did not file a timely claim of exemption—and when the institution holding the account asked the trial court for directions on whether to comply with the levy,

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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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.

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