Wins

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

Court of Appeal affirms declaratory judgment, saving GMSR’s client tens of millions in rent

GMSR’s client, VMA Palomar, LLC (VMA), is the commercial tenant under a 42-year ground lease with landlord Farmers and Merchants Trust Company of Long Beach (FMT).  The monthly rent was based on the property’s fair market value in the 1970s, when the lease began. The

Court of Appeal affirms judgment in favor of GMSR’s clients, rejecting fraud and misrepresentation claims stemming from a $30+ million commercial real estate deal

Two plaintiffs—a cosmetics company and a related entity—sued GMSR’s clients, a large property developer and two other defendants.  Plaintiffs alleged fraud and misrepresentation arising from a multimillion-dollar commercial property sale in the City of Corona. The trial court granted summary judgment against one of the

Court of Appeal rejects application of interim adverse judgment rule in malicious prosecution case

After a decade of litigation with a commercial tenant, GMSR’s clients, a commercial property owner and its manager, prevailed.  They then sued the tenant and his counsel for malicious prosecution. The tenant and his counsel moved to strike the complaint under the anti-SLAPP statute.  After

GMSR persuades Court of Appeal that mobilehome park owner did not create a nuisance by installing solar panels

In 1984, GMSR’s client, Canyon View, obtained a use permit to construct a mobilehome park.  The permit required 50% of the park’s land to be maintained as “open space.”  Three decades later, Canyon View obtained permits and installed a solar energy system.  The City of

Court of Appeal reverses more than $5 million in civil penalties and attorney fees assessed against GMSR’s property-owner client

GMSR’s clients own multiple residential properties in Oakland.  The City of Oakland sued them, alleging building code violations and seeking civil penalties and a permanent injunction under the Oakland Municipal Code.  The trial court found code violations at five properties and granted the City’s requests

Court of Appeal affirms summary judgment for property manager in premises liability dispute

A residential tenant was injured inside her rented home and sued the property’s former management company, GMSR’s client, for premises liability.  The management company moved for summary judgment, arguing that it could not be liable to the tenant as a matter of law.  The trial

Court of Appeal affirms ruling prohibiting homeowners association from cutting mature trees on GMSR’s client’s property

GMSR’s client owns property within the Rolling Hills Community Association (RHCA).  The area was developed over decades, and the developers recorded a series of restrictive declarations bringing additional tracts into RHCA.  Some early declarations contained a “tree cutting covenant” allowing RHCA to enter private property

GMSR secures reversal of “arbitrary” attorney fee award

GMSR’s client sued a loan servicer for quiet title and related claims, alleging the loan servicer recorded documents that interfered with the client’s right under the Mobilehome Residency Law (MRL) to take free-and-clear title to property at a court-ordered sale.  The parties stipulated to a

Court of Appeal affirms dismissal of wrongful foreclosure, contract, and quiet title claims against GMSR’s client

A rental property owner with a mortgage from GMSR’s client defaulted on the mortgage.  GMSR’s client tried to foreclose on the property, but the owner resisted at every turn.  He and his agents filed four bankruptcy actions ultimately deemed to be bad faith efforts to

Court of Appeal affirms judgment for GMSR’s client, ordering enforcement of its Beverly Hills ground lease through 2102

In 2003, GMSR’s client purchased the ground lease of a prime Beverly Hills commercial property.  The lease was set to expire in 2058, but after a few years the landlord agreed to extend it through 2123, in return for a $1.5 million up-front payment. Ten

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

GMSR represents insurers on appeal effectively and efficiently.  We also collaborate with our clients and trial counsel on strategy for coverage, contribution and bad faith litigation before appeals begin.

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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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