Wins

Court of Appeal affirms $1.9 million judgment against former trustee for taking trust property in bad faith

De Mille v. Citizens Bus. Bank (2007) 2007 Cal.App. Unpub. LEXIS 9019 (California Second District Court of Appeal, Division Two) [unpublished]. A trust settlor’s nephew, the trustee of the trust, attempted through forgery and undue influence to change the terms of the trust for his

Oct 10, 2007 Marc J. Poster
Court of Appeal affirms judgment denying $1 million surcharge against GMSR client, the trustee of family trust

For fifteen years following the death of their mother, the trustor of a family trust, siblings struggled unsuccessfully to agree on how to dispose of trust property. Finally, some siblings petitioned the probate court to surcharge the trustee, another sibling, for allegedly failing to make

Sep 26, 2007 Timothy T. Coates
Ninth Circuit holds that officer had probable cause to arrest based solely on interrogation of crime victim, and had no duty to conduct further investigation prior to making arrest

John v. El Monte, 515 F.3d 936 (9th Cir. 2007), 9th Cir. Case No. 05-56125. GMSR partner Tim Coates persuaded the Ninth Circuit to reverse the denial of summary judgment to law enforcement officer Eric Youngquist in a civil rights action arising from the arrest

Sep 19, 2007 Timothy T. Coates
Court of Appeal denies writ seeking access to e-mails and calendar entries of San Bernardino Board of Supervisors

San Bernardino Sun et al. v. Superior Court (2007) Case No. E 043097 (California Fourth District Court of Appeal, Division Two). GMSR partner Tim Coates represented the County of San Bernardino in successfully opposing a writ petition under the Public Records Act. The case involved

Jul 31, 2007 Martin Stein, Carolyn Oill
County Coroner owes no duty to family to preserve a dead body in any particular condition

Perryman v. County of Los Angeles (2007) 2007 Lexis 1263 (California Court of Appeal, Second District, Division Two) [published]. Plaintiffs sued the County for negligence in handling the corpse of their deceased family member. They contended that the corpse was not properly refrigerated before the

Jul 26, 2007 Martin Stein, Carolyn Oill
Dismissal affirmed — plaintiffs must show reasonable diligence in presenting a tort claim to a public entity

Ramos v. County of Los Angeles (2007), 2007 Cal.App. Unpub. LEXIS 6091 (California Court of Appeal, Second Appellate District, Division Seven) [unpublished]. A woman was hit by two cars while crossing the street in Whittier one evening and died. Almost a year later, and beyond

Court of Appeal reverses $1 million judgment, holding that the Parol Evidence Rule bars a terminated insurance agent’s claim for fraud in the inducement

Dent v. Farmers Insurance Group of Companies (2007), 2007 Cal.App. Unpub. LEXIS 6013 (California Court of Appeal, Second Appellate District, Division Three) [unpublished]. Plaintiff became an insurance agent with GMSR’s client, an insurance carrier. Several years later the carrier terminated her when she did not

In case of first impression, Court of Appeal construes “health care providers” in MICRA statute to apply to optometry intern

Chosak v. Alameda County Medical Center (2007) 153 Cal.App.4th 549 (California Court of Appeal, First District, Division One) [published]. Plaintiff had sued an optometry intern for injuries to her foot during an eye examination, alleging that the intern improperly operated the examination chair. GMSR’s hospital

Jul 16, 2007 Robin Meadow
California Supreme Court allows malicious prosecution action to proceed, holding that a post-judgment settlement constituted a favorable termination of the underlying case

Siebel v. Mittlesteadt (2007) 41 Cal.4th 735 (California Supreme Court). An employee of Siebel Systems sued the head of the company, GMSR’s client Tom Siebel, for sexual discrimination and wrongful termination. Through motions and a jury trial, he prevailed on every claim. While the plaintiff’s

Jul 11, 2007
Court of Appeal reverses most of $10 million judgment, blocks new trial and rejects most of cross-appeal

Pointe San Diego Residential Community v. W.W.I. Properties (2007) 2007 Cal.App. Unpub Lexis 5649 (California Court of Appeal, Fourth District, Division 1). This hotly-contested case arose out of a complex real estate development venture. It involved a wide range of claims and counterclaims, including breach

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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