Litigation involving trusts, probate, and the interpretation of wills often presents complex substantive and procedural issues. GMSR has successfully navigated these issues on appeal, obtaining a significant U.S. Supreme Court win regarding the scope of the “probate exception” to federal jurisdiction, a California Supreme Court win regarding a trustee’s attorney-client privilege, and numerous Court of Appeal wins involving breaches of fiduciary duty and the interpretation of wills.
California Supreme Court fundamentally alters probate law
In re Estate of Duke (2015) 61 Cal.4th 871 (California Supreme Court). From time immemorial, courts throughout the United States have been powerless to correct drafting mistakes in wills no matter how clearly the evidence established the testator’s actual intent. Courts could use the doctrine
Perez v. Wiesand (May 12, 2015, B251199) 2015 WL 2250495 [nonpublished opinion]
Court of Appeal reverses quiet title summary judgment against GMSR’s client
Novak v. Fay (2015) 236 Cal.App.4th 329
Court of Appeal reverses probate court order dismissing GMSR’s client’s petition for failure to file a creditor’s claim
Court of Appeal reverses probate court order dismissing GMSR’s client’s petition for failure to file a creditor’s claim
Novak v. Fay (2015) 236 Cal.App.4th 329 (California Court of Appeal, Second Appellate District, Division Five) [published]. GMSR’s client, an attorney, agreed to represent a husband under a contingent-fee arrangement in a suit against the estate of his late wife on a pretermitted-heir theory. In
Sterling v. Sterling (2015) 242 Cal.App.4th 185
Successfully obtained affirmance of Probate Court order requiring sale of Los Angeles Clippers from Donald Sterling to a new owner. Metropolitan News-Enterprise: Panel Rejects Donald Sterling’s Bid To Regain Los Angeles Clippers
Crowe v. Tweten (Dec. 29, 2014, E056920) 2014 WL 7402401 [nonpublished opinion]
An elderly couple devised an estate plan with the assistance of counsel. They repeatedly stated that their intent was for the surviving spouse to inherit everything except for a “token,” tax-free gift to their children. Their attorney drafted the trust documents using a formula so
Court of Appeal affirms trial court order reforming $100 million trust
Crowe v. Tweten (2014) 2014 Cal.App. Unpub. LEXIS 9294 (California Court of Appeal, Fourth Appellate District, Division Two) [unpublished]. An elderly couple devised an estate plan with the assistance of counsel. They repeatedly stated that their intent was for the surviving spouse to inherit everything
GMSR obtains dismissal of appeal challenging probate court order of instructions to trustee
Wells Fargo Bank v. D. Sprott (2012) 2012 Cal.App. Unpub. LEXIS 7824 (California Court of Appeal, Second Appellate District, Division One) [unpublished]. In the probate court, GMSR’s client—Wells Fargo Bank, N.A., acting as trustee of a testamentary trust—obtained an order instructing it how to implement
Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486
Court reverses trial court’s refusal to add alter ego judgment debtors, holding that alter ego liability applies equally to trustees
Court reverses trial court’s refusal to add alter ego judgment debtors
Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486 (California Court of Appeal, Second Appellate District, Division One) [published]. While attempting to collect an $8 million arbitration award that GMSR had successfully defended against vacatur, GMSR’s client learned that the defendant companies had transferred nearly all
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Who We Serve
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.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
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.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
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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