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
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 Reverses Order Setting Aside Default Judgment
In a 2013 lawsuit, GMSR’s bank client recovered a default judgment for damages and nearly $400,000 in attorney fees. Seven years later, the defendant moved to set aside the judgment. The trial court granted the motion on the basis that there were procedural defects in
Court Of Appeal Rejects Plaintiff’s Attempt To Disavow $15,000 Settlement So As To Pursue A Multi-million-dollar Claim
A plaintiff was seriously injured in an auto accident. Her counsel demanded that the defendant and the defendant’s insurance carrier settle the plaintiff’s injury claim by paying the full $15,000 policy limit. The carrier accepted and complied with all the demand’s short-fuse conditions, thereby dashing
Court Affirms Summary Judgment For GMSR’s Client On Employment Discrimination Claims
Delta Dental laid off 33 employees as part of a reorganization. One sued, alleging pregnancy discrimination and retaliation. The trial court granted summary judgment for Delta, and GMSR secured an affirmance on appeal. Agreeing with GMSR’s position, the Court of Appeal held that Delta established
Court Of Appeal Reinstates GMSR’s Client’s Claims Seeking Return Of $1.6 Million
Maria Ferra paid $1.6 million that she did not believe was owed, to stop a deed-of-trust holder from foreclosing on property Maria had sold to a third party under an indemnity and security agreement. Maria then sued the deed-of-trust holder to recover the wrongfully-demanded money.
Court Of Appeal Affirms Defense Summary Judgment Based On Issue Preclusion As To The Appellant’s Unclean Hands
A rogue employee of a title company promoted a Ponzi scheme in which she obtained investments from the appellant, a real estate entrepreneur whom she knew from handling his escrow business. When the scheme collapsed and the appellant purportedly lost about $9 million, he sued
Court Of Appeal Orders Confirmation Of Arbitration Award For GMSR’s Client, Finding The Respondent Missed A Jurisdictional Deadline To Seek To Vacate It
Litigation funder Law Finance Group turned to GMSR after the trial court vacated an arbitration award enforcing LFG’s loan agreement with a borrower. On appeal, GMSR argued that the trial court lacked jurisdiction to vacate the award because the borrower failed to seek vacatur within
Ninth Circuit Affirms Judgment For GMSR’s Clients, Finding Appellant’s Argument Forfeited And Without Merit
Louis Jean-Louis sued the City of Riverside, City officials, and City employees, alleging a scheme to place houses into receivership by levying excessive fines for violating City ordinances. The district court dismissed Jean-Louis’ suit on res judicata grounds, because Jean-Louis had previously settled and dismissed
Court Of Appeal Finds Physician Failed To Exhaust Administrative Remedies In Medical Peer Review Matter
A physician brought administrative mandamus proceedings seeking to overturn a medical peer review determination that upheld the summary suspension of his medical staff privileges. His mandamus arguments, however, challenged a different decision than what the parties had agreed the peer review hearing committee would decide—the
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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.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
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.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
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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