Contracts

A contract dispute can arise over a complex multi-page agreement or single-page letter of intent.  In either case, when a contract is breached or its terms are disputed, GMSR’s appellate lawyers step in to preserve and defend their clients’ interests on appeal.  GMSR’s appellate lawyers have extensive experience – representing both plaintiffs and defendants, involving both personal and business contracts – in which they have been successful in attacking a trial court’s erroneous interpretation of a contract’s terms or defending against an adversary’s erroneous contract construction.

Published Court of Appeal opinion decides statute of limitations for breaches of spousal fiduciary duties

Over the course of a 30-year marriage, the wife worked as an independent contractor for a business owned by her husband (GMSR’s client).  During divorce proceedings, the wife claimed the husband had breached his spousal fiduciary duty by taking excessive withholdings from her separate property

In re Marriage of Wiese (2024) 102 Cal.App.5th 917

Published Court of Appeal opinion decides statute of limitations for breaches of spousal fiduciary duties

Jun 06, 2024 Cynthia E. Tobisman
GMSR’s Cindy Tobisman Appears Before The California Supreme Court

GMSR co-managing partner Cindy Tobisman appeared yesterday before the California Supreme Court to argue for the petitioner, Michael Rattagan, in a case against Uber Technologies, Inc.  The Ninth Circuit Court of Appeals had asked the Court to decide whether, under California law, claims for fraudulent

GMSR secures reversal of anti-SLAPP dismissal on the basis of circumstantial evidence

GMSR’s client, Broadcom subsidiary LSI Corporation, sued a former employee for breaching a confidentiality agreement.  Among other things, LSI alleged that the employee disclosed LSI’s confidential information to his wife’s company by retaining LSI’s confidential material when he left LSI, and then posting that information

LSI Corporation v. Gunnam et al. (May 22, 2023, H049521, H049523) 2023 WL 3577288

GMSR secures reversal of anti-SLAPP dismissal on the basis of circumstantial evidence

On behalf of Columbo creators, GMSR persuades Court of Appeal to reinstate a fraud claim and keep alive a breach of contract claim involving Universal Studios’ failure to pay tens of millions in royalties

The creators of the 1970s hit television series Columbo were contractually entitled to a share of the show’s net profits—but the studio failed to pay them anything for decades, representing that the show had no net profits.  Eventually, the studio sent an accounting statement revealing

Foxcroft Productions, Inc. v. Universal City Studios, LLC (2022) 76 Cal.App.5th 1119

On behalf of Columbo creators, GMSR persuades Court of Appeal to reinstate a fraud claim and keep alive a breach of contract claim involving Universal Studios’ failure to pay tens of millions in royalties

3500 Sepulveda, LLC v. Macy’s West Stores, Inc. (9th Cir. 2020) 980 F.3d 1317

In published opinion, Ninth Circuit revives building owners’ easement complaint previously dismissed on summary judgment

In published opinion, Ninth Circuit revives building owners’ easement complaint previously dismissed on summary judgment

GMSR’s clients, who own a building in the Manhattan Village shopping center, agreed with defendant owner of the remainder of the center to a revitalization construction project that would increase the amount of parking near the clients’ building. Soon, the defendant began making significant changes

Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130

GMSR wins landmark decision on unfair competition, tortious interference with contract

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.

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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.

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BUSINESSES

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

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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.

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INDIVIDUALS

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

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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.

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