Wins

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In a unanimous unpublished opinion, the Second Appellate District, Division Five has affirmed a summary judgment in favor of GMSR’s carrier client on the ground that a misrepresentation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

Jan 21, 2020 Meehan Rasch, Edward L. Xanders (Ted) Real Property
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,

Court of Appeal affirms damages and fee awards in favor of real estate developers and rejects neighboring homeowners association’s million-dollar counterclaim.

GMSR’s clients acquired four parcels of land and began developing residential homesites—a process that requires frequent pre-development visits by multiple contractors.  Because the land was not adjacent to public streets, the developers and their visitors accessed it by driving through a guarded gate and then

Court of Appeal grants motion to dismiss appeal from summary judgment in favor of GMSR’s utility client

Plaintiffs’ mother was struck by a car while crossing a street near a streetlight that was cycling on and off.  GMSR’s client, Southern California Edison, serviced the streetlight.  Plaintiffs sued, alleging that Edison negligently failed to keep the streetlight working properly.  On summary judgment, the

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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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