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.
Dairy Farmers of America v. Cacique, Inc. (July 20, 2011, B219840) 2011 WL 2936463 [nonpublished opinion]
Cacique, a cheese producer, abruptly terminated its contract to buy milk from Dairy Farmers of America without giving the requisite notice. DFA sued for breach of contract. Following a bench trial, the trial court awarded DFA $12.5 million in damages. Cacique appealed, arguing that the
Leontaritis v. Koursaris, 2011 Cal.App. Unpub. LEXIS 5041
No one is supposed to be subjected to judgment without first duly being brought under the jurisdiction of the court. But the superior court refused to set aside a default judgment entered against GMSR’s client in a fraudulent conveyance lawsuit or to recognize that the
Fireman’s Fund Insurance Co. v. Superior Court (2011) 196 Cal.App.4th 1263 (amicus)
Court of Appeal confirms broad scope of attorney-client and work product protection
Stern v. Marshall (2011) 564 U.S. 462
The Supreme Court held that a bankruptcy court has statutory authority to enter final judgment on a debtor’s state-law counterclaims against a creditor, but that Article III of the United States Constitution makes the statutory grant unconstitutional. It also held that 28 U.S.C. section 157(b)(5), which specifies that district courts must order that “personal injury tort and wrongful death claims” be tried in district court, is not jurisdictional and creditors can consent, through their conduct, to a bankruptcy court resolving such claims.
Frisch v. Roberts, 2011 Cal.App. Unpub. LEXIS 4194
The Sixth District Court of Appeal has affirmed judgment in favor of defendants, including GMSR’s clients, Sutter Health and Palo Alto Medical Foundation. The plaintiff alleged that defendants’ conduct led to a two-year delay in the diagnosis of his prostate cancer, and that the cancer’s
Martinez v. Los Angeles County Metropolitan Transportation Authority (2011) 195 Cal.App.4th 1038
Creating a new “bright-line rule” under Code of Civil Procedure section 998, Court affirms denial of attorney fee award to opponent of GMSR’s public entity client
Hill v. Sullivan Automotive Group (May 18, 2011, B225186) 2011 WL 1879420 [nonpublished opinion]
Employer’s failure to add hours on wage statement causes no injury
Cruz-Carbajal v. Holder (9th Cir. 2011) 428 Fed.Appx. 759
Teaming up as pro bono counsel, husband and wife team Alana Rotter of GMSR and Jonathan Rotter of Kaye Scholer LLP argued that the Board of Immigration Appeals erroneously denied a motion for relief based on ineffective assistance of former counsel. The Ninth Circuit agreed,
Ruttlen v. County of Los Angeles (Mar. 30, 2011, B223345) 2011 WL 1138420 [nonpublished opinion]
In a prior appeal, the court affirmed the trial court’s grant of the anti-SLAPP motion filed by GMSR’s client, the County of Los Angeles, and remanded the case for an award of fees to the County. After the briefing on the fee motion was ostensibly
Do v. Phuong Duc Dang, 2011 Cal.App. Unpub. LEXIS 2264
The Court of Appeal affirmed the trial court’s order sustaining a demurrer in favor of GMSR’s client, San Leandro Hospital. Plaintiff asserted claims against the hospital for fraud and battery, alleging that it had conspired with his doctors to dupe him into having corrective hernia
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