GMSR obtains $2.8 million appellate victory for workers’ compensation carrier
GMSR’s client, a workers’ compensation carrier, paid benefits to an injured employee of its insured, a security company. The employee sued others for negligence, including the university where he had been assigned to work for a number of years. The jury found the university at
GMSR prevails in major land use appeal
In Calvary Chapel Bible Fellowship v. County of Riverside, the Ninth Circuit affirmed judgment for GMSR’s client, the County of Riverside, in a suit asserting that a County zoning ordinance was facially invalid under the Religious Land Use and Institutionalized Persons Act (RLUIPA) as purportedly disallowing religious organizations to operate in the zone. The Ninth Circuit held that the zoning allowed construction of special occasion facilities. Nothing on the face of the statute indicates that a religious group would not be granted a permit to construct such a facility and use it for religious purposes, so there was no violation of RLUIPA. The statute merely requires public entities to treat religious uses the same as secular uses.
Court of Appeal affirms summary judgment in favor of insurance carrier, foreclosing $11 million claim
Endurance American Specialty Insurance Company v. Bennington Group
In a unanimous unpublished opinion, the Second Appellate District, Division Five has affirmed a summary judgment in favor of GMSR’s carrier client on the ground that a misrepresentation in the insurance application entitled the insurer to rescind the insurance policy. Rescission allows the carrier to avoid indemnity coverage and a claim for breach of the implied covenant regarding a $11 million judgment against the insured.
Court of Appeal adopts GMSR’s arguments and rejects challenge to marital settlement agreement
Representing the husband in a post-dissolution family law proceeding, GMSR prevailed on wife’s appeal from the superior court’s order denying her motion to set aside their marital settlement agreement. Wife and her counsel had prepared and presented to then-unrepresented husband all preliminary disclosures and the
Court of Appeal reverses judgment against GMSR’s client, and holds good faith purchasers are not bound by irrevocable licenses
In a published opinion, the Court of Appeal reversed a judgment against GMSR’s client and directed the trial court to enter judgment in its favor. GMSR’s client purchased a commercial warehouse property in 1994 without actual or constructive notice of an unrecorded 1950 agreement that
Court of Appeal reverses compensatory and punitive damages and private attorney general fees in bed bug case
GMSR’s client, the defendant hotel, admitted negligence after plaintiffs were briefly exposed to bed bugs in their hotel room. The jury returned a verdict awarding substantial compensatory damages and punitive damages on an intentional infliction of emotional distress claim for one plaintiff, and compensatory damages
Court of Appeal grants petition for writ of mandate, vacating exclusion of key deposition evidence
In a published decision that disagrees with a sister court decision, Wahlgren v. Coleco Industries, Inv. (1984) 151 Cal.App.3d 543 (Wahlgren), the Court of Appeal granted GMSR’s petition for writ of mandate and directed the trial court to vacate in limine orders that had excluded
Court of Appeal affirms judgment of nonsuit in favor of GMSR’s client
While riding his bicycle, plaintiff was hit by a car in a controlled intersection. Because of his injuries, plaintiff could not recall how the accident happened, including where he was and the direction he was traveling just before the collision. He sued GMSR’s client City
Court of Appeal affirms order denying in-house fees to attorneys
GMSR’s client sued his former attorneys for malpractice. The matter went to arbitration, and the arbitrator ruled in favor of the attorneys. They sought to recover attorney’s fees under their engagement letter with the client, but the arbitrator refused to allow them to recover fees
Court of Appeal affirms judgment for GMSR’s property owner client
Plaintiff filed a negligence action against GMSR’s client, a shopping center owner, alleging that he was injured when he walked into a pole in a landscaped area separating a parking lot from the sidewalk. A jury found in favor of the property owner. Plaintiff appealed,
Who We Serve
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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