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.
Holmes v. Tsou (Jan. 19, 2010, B204745) 2010 WL 161489 [nonpublished opinion]
Plaintiff sought treatment for her fractured wrist from GMSR’s client, defendant orthopedist. The orthopedist concluded that surgery was not a reasonable option for her, performed a nonsurgical procedure instead and never discussed surgery with her. Plaintiff then sued the orthopedist, alleging that he was negligent
Jasmine Networks, Inc. v. Superior Court (2009) 180 Cal.App.4th 980
Former trade secrets owner had standing to assert trade secret misappropriation claim
Wright v. Santa Rosa Memorial Hospital (Dec. 17, 2009, A123721) 2009 WL 4882680 [nonpublished opinion]
Three siblings attempted to sue for the wrongful death of their sister, arguing that they became the sister’s heirs when their mother died after the sister. The Court of Appeal disagreed and affirmed the trial court’s ruling that the plaintiffs did not have standing to
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
Cabral v. Ralphs Grocery Company (2009) 179 Cal.App.4th 1
Wrongful death action arising from collision with truck stopped next to freeway
Hines v. Los Angeles County Metropolitan Transp. Authority (Nov. 6, 2009, B208389) 2009 WL 3682603 [nonpublished opinion]
GMSR won affirmance of client MTA’s summary judgment in an employment discrimination action. Plaintiff alleged that MTA wrongfully discriminated against her because of her obesity. The evidence established that her obesity had no underlying medical cause, but resulted from life style choices. She relied on
Bioquest Venture Leasing Company-A, N.V. v. VivoRx Autoimmune, Inc. (Nov. 5, 2009, B201454) 2009 WL 3719534 [nonpublished opinion]
Plaintiff sued GMSR’s client VivoRx for breach of a biotechnology license agreement that was silent on choice of law. VivoRx argued that California law applied, and that it barred plaintiff’s claims as untimely, while plaintiff insisted that Massachusetts law governed the lawsuit, and that its
City of Moreno Valley v. Superior Court (Oct. 26, 2009, E047606) 2009 WL 3419680 [nonpublished opinion]
The plaintiff asserted that GMSR’s client city was liable for a dangerous condition in an intersection. Plaintiff was traveling on his motorcycle southbound on a two lane road when he was struck by a northbound vehicle illegally turning left in front of him at an
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
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