GMSR partner Jeff Gurrola is a dedicated appellate lawyer who thrives on providing efficient, excellent legal analysis in high-pressure appeals and fast-paced writ proceedings. Having worked previously both as a trial litigator and as an in-house litigation attorney, Jeff has a deep understanding of the considerations his clients and their trial counsel face when considering and pursuing an appeal or writ petition.
Like his colleagues at GMSR, Jeff specializes in appeals but is a subject-matter generalist. He handles civil appeals and writ petitions in a wide spectrum of business and public entity disputes and cases involving tort law, contract law, family law, and consumer law, to name just a few. Jeff regularly briefs and argues appeals in both California and federal appellate courts. He also consults with trial attorneys before, during, and after trial to advise on key legal issues, assist in drafting dispositive post-trial motions, and help prepare the attorneys and clients to pursue or defend against any subsequent appeal.
In addition to serving his clients’ needs, Jeff assists GMSR partner Laurie Hepler in her role as Contributing Editor of Eisenberg, Cal. Practice Guide: Civil Appeals and Writs (The Rutter Group), the authoritative treatise on civil appellate practice in California. He regularly speaks to both large and small groups of trial lawyers to provide helpful appellate law developments and advice about how to prepare and preserve their trial record to increase their chances of prevailing in any future appeal.
Outside of work, Jeff enjoys traveling, hiking his way up tall mountains around California, and watching The Golden Girls with his husband and Honey, their three-legged dog.
Williams v. FCA US LLC (2023) 88 Cal.App.5th 44
Held that vehicle manufacturers cannot offset their Song-Beverly Act damages by amounts the plaintiff receives for trading in a “lemon” vehicle
Held that vehicle manufacturers cannot offset their Song-Beverly Act damages by amounts the plaintiff receives for trading in a “lemon” vehicle
The court held that the plain language, policy purpose, and legislative history of the Song-Beverly Act all make clear that, where a plaintiff trades-in or sells a lemon vehicle after a manufacturer fails to repair or repurchase the car, the manufacturer is not entitled to any damages offset.
Campbell v. Budd (Oct. 18, 2022, B306687) 2022 WL 10252427
Declined to impose a duty on California landlords to replace code-compliant un-tempered glass doors
Declined to impose a duty on California landlords to replace code-compliant un-tempered glass doors
Campbell held that held that California law imposes no duty on landlords to identify and replace un-tempered sliding glass doors with tempered glass doors if the original glass doors were code-compliant when they were installed. It also affirmed the trial court’s exclusion of certain opinions by plaintiffs’ expert because they lacked foundation and contained inappropriate legal conclusions.
Friend of Camden, Inc. et al. v. Brandt (2022) 81 Cal.App.5th 1054
Held as a matter of first impression that members may dissolve an LLC by vote even if a judicial dissolution action is pending in court
Held as a matter of first impression that members may dissolve an LLC by vote even if a judicial dissolution action is pending in court
In a published opinion, the court held that, under the plain language of the Corporations Code, an LLC “is dissolved” upon the first of either a vote of 50% of the LLC’s membership interests or entry of a decree of judicial dissolution. Though a suit for judicial dissolution was pending, nothing in the statute prevented GMSR’s clients from pursuing the alternative voluntary dissolution by member vote.
Coastline JX Holdings LLC v. Letwak & Bennett (May 16, 2022, G059646) 2022 WL 1534602
Upheld trial court’s imposition of approximately $300,000 in attorney fees relating to default judgment
Upheld trial court’s imposition of approximately $300,000 in attorney fees relating to 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 the default judgment, and reduced the fee award to $2,500. The Court of Appeal reversed. Adopting GMSR’s arguments, it found that there were no procedural defects in the default judgment, and it reinstated the judgment and the full attorney fee award.
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