Landowner Liability

When someone is injured, when pollution occurs, when fire, flooding or electric shock emanates from a property, landowners are often sued.  GMSR has broad experience in handling such issues on appeal.  It has successfully represented clients in the California Supreme Court and intermediate appellate courts in cases that have shaped the contours of the law, for example, on landowner liability for others’ criminal conduct and for hiring independent contractors to work on the land, pollution liability, surface water drainage liability, and unwanted electrical current.

Court of Appeal reverses more than $5 million in civil penalties and attorney fees assessed against GMSR’s property-owner client

GMSR’s clients own multiple residential properties in Oakland.  The City of Oakland sued them, alleging building code violations and seeking civil penalties and a permanent injunction under the Oakland Municipal Code.  The trial court found code violations at five properties and granted the City’s requests

People v. DODG Corporation (Aug. 21, 2024, No. A163757) 2024 WL 3886055

Court of Appeal reverses more than $5 million in civil penalties and attorney fees assessed against GMSR’s property-owner client

Court of Appeal reverses judgment, ordering Proposition 51 apportionment retrial

GMSR’s landlord client invited a guest to visit her property.  During the visit, a dog attacked the guest and she sued the landlord for negligence.  At trial, the landlord presented evidence that her tenant owned the dog and was therefore strictly liable to the plaintiff

Hedding-Kelton v. Madrigal (Nov. 1, 2023, C095876) 2023 WL 7175716

Court of Appeal reverses judgment, ordering Proposition 51 apportionment retrial

GMSR secures affirmance of summary judgment for vacation-rental owners

GMSR’s clients own a rental home in the Palm Springs area.  Two weeks into a stay at the home, the renters’ 12-year old child was injured when she walked full-speed into a sliding glass door dating back to 1958.  The renters sued GMSR’s clients, alleging

Campbell v. Budd (Oct. 18, 2022, B306687) 2022 WL 10252427

GMSR secures affirmance of summary judgment for vacation-rental owners

Beaudreau v. Burnham USA Equities, Inc. et al. (Aug. 23, 2022, G059971) 2022 WL 3593351

Court of Appeal reaffirms that businesses with perpendicular parking generally have no duty to protect against curb-jumping vehicles

Rosenthal v. City of Oakland (Aug. 27, 2020, A156881) 2020 WL 5051440

Court of Appeal affirmed grants for summary judgment for GMSR’s private landowner client

Court of Appeal affirmed grants for summary judgment for GMSR’s private landowner client

Plaintiff tripped and fell over a defect on a municipal sidewalk next to property owned by GMSR’s client, Street 41, LLC.  He sued the City of Oakland and Street 41 for failing to maintain the sidewalk.  The trial court granted the City’s and Street 41’s

Leslie v. Southern California Edison Co. (Aug. 7, 2002, B149677) 2002 WL 1806005 [nonpublished opinion]

Negligent maintenance of easement

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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