Real Property

GMSR’s clients have brought us the full gamut of real property issues, including lease disputes, lis pendens, title insurance, escrow and development agreements, and eminent domain.  In protecting our clients’ interests on appeal, we have obtained important decisions in these and other areas.

Court of Appeal rejects application of interim adverse judgment rule in malicious prosecution case

After a decade of litigation with a commercial tenant, GMSR’s clients, a commercial property owner and its manager, prevailed.  They then sued the tenant and his counsel for malicious prosecution. The tenant and his counsel moved to strike the complaint under the anti-SLAPP statute.  After

Simantob v. Akhtarzad (October 1, 2024, B320753) 2024 WL 4353472

Court of Appeal rejects application of interim adverse judgment rule in malicious prosecution case

GMSR persuades Court of Appeal that mobilehome park owner did not create a nuisance by installing solar panels

In 1984, GMSR’s client, Canyon View, obtained a use permit to construct a mobilehome park.  The permit required 50% of the park’s land to be maintained as “open space.”  Three decades later, Canyon View obtained permits and installed a solar energy system.  The City of

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

City of Santa Clarita v. Canyon View Limited (Aug. 13, 2024, B320230) 2024 WL 3822606

GMSR persuades Court of Appeal that mobilehome park owner did not create a nuisance by installing solar panels

Court of Appeal affirms summary judgment for property manager in premises liability dispute

A residential tenant was injured inside her rented home and sued the property’s former management company, GMSR’s client, for premises liability.  The management company moved for summary judgment, arguing that it could not be liable to the tenant as a matter of law.  The trial

Turner v. GJ Property Services, Inc. (July 24, 2024, B319443) 2024 WL 3517402

Court of Appeal affirms summary judgment for property manager in premises liability dispute

Court of Appeal affirms ruling prohibiting homeowners association from cutting mature trees on GMSR’s client’s property

GMSR’s client owns property within the Rolling Hills Community Association (RHCA).  The area was developed over decades, and the developers recorded a series of restrictive declarations bringing additional tracts into RHCA.  Some early declarations contained a “tree cutting covenant” allowing RHCA to enter private property

Colyear v. Rolling Hills Community Association of Rancho Palos Verdes (2024) 100 Cal.App.5th 110

Court of Appeal affirms ruling prohibiting homeowners association from cutting mature trees on GMSR’s client’s property

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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