Government Liability

GMSR has long represented public entities throughout California.  As a result, GMSR’s appellate lawyers are intimately familiar with the issues that these entities regularly confront, including federal civil rights claims under 42 U.S.C. § 1983, tort liability and immunity, land use, eminent domain, labor and employment, and education law.  GMSR’s experience includes significant victories at the U.S. Supreme Court, numerous appeals, and regular consultations on trial court law-and-motion matters. GMSR partner Tim Coates also co-authored a chapter on federal civil rights liability in the CEB publication California Government Tort Liability Practice (4th ed. 2004).

Jan 15, 2013 Gary J. Wax Related Cases
San Jose v. Los Angeles County Metropolitan Transportation Authority (Jan. 15, 2013, B234317) 2013 WL 152509 [nonpublished opinion]

Court of Appeal affirms summary judgment in favor of GMSR’s public entity client in government tort claim dispute

Jan 15, 2013 , Gary J. Wax Related Cases
Court of Appeal affirms summary judgment in favor of GMSR’s public entity client in government tort claim dispute

San Jose v. Los Angeles County Metropolitan Transportation Authority et al. (2013) 2013 Cal.App. Unpub. LEXIS 297 (California Court of Appeal, Second Appellate District, Division Two) [unpublished]. GMSR’s client, Los Angeles County Metropolitan Transportation Authority (the MTA) rejected plaintiff’s government tort claim through its duly

Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc. (2013) 568 U.S. 78

United States Supreme Court held that the Ninth Circuit erred in holding the Los Angeles County Flood Control District liable for violations of the Clean Water Act

Sep 05, 2012 Related Cases
Court of Appeal issues writ of mandate ordering trial court to grant summary judgment in a dog-attack case

County of Los Angeles v. Superior Court (Faten) (2012) 209 Cal.App.4th 543 (California Court of Appeal, Second Appellate District, Division Eight) [published]. Plaintiffs were attacked by two of a neighbor’s many dogs. They sued the County, GMSR’s client, arguing that its Department of Animal Care

Messerschmidt v. Millender (2012) 565 U.S. 535

US Supreme Court held that the Los Angeles County Sheriff’s deputies were entitled to qualified immunity and thus could not be held personally liable for civil damages

Jan 12, 2012 Related Cases
Shehee v. Baca (9th Cir. 2012) 466 Fed.Appx. 579

Plaintiff sued multiple Los Angeles County officials, including GMSR client Supervisor Gloria Molina under 42 U.S.C. section 1983 (civil rights). He alleged that his constitutional rights were violated while he was detained at the Los Angeles County Jail awaiting commitment proceedings under California’s Sexually Violent

Jan 12, 2012 Related Cases
Ninth Circuit affirms judgment dismissing federal civil rights action by civil detainee against GMSR client for failure to file fourth amended complaint

Gregory Ell Shehee v. Leroy D. Baca, et al. (2012) 2012 U.S. App. LEXIS 684 (United States Court of Appeals for the Ninth Circuit) [unpublished memorandum]. Plaintiff sued multiple Los Angeles County officials, including GMSR client Supervisor Gloria Molina under 42 U.S.C. section 1983 (civil

Dec 06, 2011 Related Cases
Flores v. County of Los Angeles (Dec. 6, 2011, B224903) 2011 WL 6040075 [nonpublished opinion]

Wrongful death theory barred based on noncompliance with government claim statute

Dec 06, 2011 Related Cases
Court of Appeal affirms summary judgment for County of Los Angeles based on plaintiff’s failure to comply with government claim requirements

Flores v. County of Los Angeles (2011) 2011 Cal.App. Unpub. LEXIS 9332 (California Court of Appeal, Second Appellate District, Division Two) [unpublished]. Plaintiff sued the GMSR’s client, the County of Los Angeles, for wrongful death after her daughter died in the emergency room at Martin

Los Angeles County v. Humphries (2010) 562 U.S. 29

No declaratory or injunctive relief available in civil rights action against municipality under 42 U.S.C. Section 1983 absent wrongful policy, custom or practice approved or knowingly tolerated by local public entity policymakers.

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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