Cases
GMSR has an enviable record of success on appeal. For your convenience, the firm has provided a simple search tool for guests and clients to search that record.
Greenspan v. LADT, LLC (2010) 185 Cal.App.4th 1413
Arbitrator’s authority to interpret underlying contract, arbitration agreement and arbitration rules
Greenspan v. Manhattan Loft, LLC (Nov. 10, 2009, B205917) 2009 WL 3740703 [nonpublished opinion]
The trial court struck $12 million from a $14 million arbitration award, concluding that the parties did not submit to arbitration the issue that resulted in those damages. The court reached that conclusion by interpreting a series of contracts de novo and then using that
Burlage v. Superior Court (2009) 178 Cal.App.4th 524
Reversal of arbitration award for arbitrator’s failure to consider evidence (amicus brief)
Murphy v. Hansen (Aug. 27, 2009, B206751) 2009 WL 2623335 [nonpublished opinion]
After GMSR’s client purchased a Malibu hilltop homesite together with essential access easements, a neighboring landowner challenged the easements’ existence. The multiple disputing parties in two lawsuits entered into a complex written settlement agreement involving transfers of land, easements, trust deeds, and cash—but then could
Karcher Firestopping, Inc. v. Local No. 5 Internat. Assn. of Heat and Frost Insulators and Asbestos Workers (9th Cir. 2008) 281 Fed.Appx. 722
A labor union filed a grievance against GMSR’s client and the client invoked its right under the collective bargaining agreement to have the grievance heard by a neutral arbitrator. The union asserted that the grievance instead had to be submitted to an administrative committee consisting
Nuanes v. Insignia Financial Group, Inc. (Feb. 20, 2008, A115240) 2008 WL 444951 [nonpublished opinion]
This complex derivative/class action was filed in 1998 and, after multiple rounds of mediated settlement negotiations, settled in 2002. The trial court approved the settlement, but an objector—who claimed the case was worth hundreds of millions of dollars more than the settlement consideration—successfully challenged the
City of Santa Monica v. Baron & Budd (June 26, 2007, B187425) 2007 WL 1821392 [nonpublished opinion]
Waiver of right to arbitrate through litigation conduct
In re Marriage of Kim (June 27, 2006, B180883) 2006 WL 1743464 [nonpublished opinion]
Applicability of equitable estoppel to preclude enforcement of judgment lien on residential property
Meyerman v. Burgess (June 20, 2006, E037902) 2006 WL 1682627 [nonpublished opinion]
GMSR appellate lawyers Carolyn Oill and Robin Meadow won this affirmance. The appeal sought to overturn a highly favorable award on the ground that the trial court erred in compelling arbitration over the other side’s claim of waiver. The court accepted GMSR’s argument that substantial
In re Marriage of Burkle (2006) 139 Cal.App.4th 712
Application of presumption of undue influence in interspousal transactions and of requirement of sworn financial disclosures in post-marital agreement
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