Civil Procedure

Procedural issues create many traps for the unwary: Irregularities in trial court proceedings or ambiguous verdicts may require a new trial; failing to raise an objection in the trial court can foreclose appellate review of an issue; a settlement that purports to preserve the right to appeal can moot the appeal.  The list goes on and on.  GMSR is experienced in spotting procedural defects and navigating nuances that can be dispositive on appeal.  For that reason, trial counsel and clients often consult with GMSR’s appellate lawyers as a case progresses, in order to maximize their chances of success in an eventual appeal. GMSR’s appellate lawyers have also gotten appeals dismissed, revived litigation that should not have been dismissed, and successfully developed arguments for affirmance or reversal, all based on procedural issues.

Greines v. Ford Motor Co., Inc. (Jan. 7, 2003, B148400) 2003 WL 42524 [nonpublished opinion]

Summary judgment reversed in claim against automobile manufacturer for fraud and breach of warranty

Sep 30, 2002 Related Cases
Brown v. Regents of University of California (Sept. 30, 2002, C034381) 2002 WL 31160873 [nonpublished opinion]

Class certification denial; claim about hospital residents performing surgeries

Krause v. Wellisch (2000) 2000 Cal. LEXIS 5973

Doctor’s report protected by absolute privilege

Jun 01, 2000 Related Cases
FN Development v. Paragon Homes (2000, B123192)

Contract litigation re commercial and residential developments

Pelz v. Weider Management, Inc. (1999, C025517)

Impact of plaintiff’s refusal to testify under Fifth Amendment in fraud action

Fogarty v. Applied Vascular Devices (1999, H017037)

Breach of inventor’s royalty agreement; expert witnesses; special verdicts

Jun 01, 1998 Related Cases
Folksam General Mutual Insurance Co. v. Fontana Films Sweden Aktiebolag (1998, B096184)

Award of attorneys’ fees to party who obtains expungement of a lis pendens

Pattiz v. Minye (1998) 61 Cal.App.4th 822

Dismissal as terminating sanction not “favorable termination on the merits”

Jun 01, 1997 Related Cases
Gordon v. Nelson & Nelson (1997, B118119)

Terminating sanctions and default judgment for attorney’s discovery misconduct

Trent v. Regents of the University of California (1997, B110199)

Discretionary dismissal for delay in prosecution

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.

Read More
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.

Read More
BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

Read More
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.

Read More
INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

Read More
COMMUNITY PRO BONO

As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

Read More