Tort Litigation

GMSR’s appellate work has been on the leading edge of important tort issues, running the gamut from duty to breach to causation and damages.  GMSR’s substantive experience includes personal injury, property damage, fraud and misrepresentation, products liability, landowner liability, vicarious liability, defamation and invasion of privacy, and construction defects.

GMSR persuades California Supreme Court that economic loss rule doesn’t bar all fraudulent concealment claims between contracting parties

Courts have split over whether a plaintiff can assert a tort claim for fraudulent concealment during the performance of a contract, or whether such claims are barred by the common-law economic loss rule.  The California Supreme Court accepted the Ninth Circuit’s request to resolve the

Rattagan v. Uber Technologies, Inc. (2024) 17 Cal.5th 1

GMSR persuades California Supreme Court that economic loss rule doesn’t bar all fraudulent concealment claims between contracting parties

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

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

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

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

In a motor vehicle negligence case, the Court of Appeal reverses judgment and $500,000 cost-of-proof attorney fee award

After a motor vehicle accident, plaintiff sued both the driver and his employer seeking $10 million in damages.  When plaintiff propounded requests for admissions, defendants denied that the driver employee was negligent and that his negligence caused plaintiff some harm.  Plaintiff rejected defendants’ pre-trial Code

Court of Appeal affirms summary judgment for GMSR’s City client, finding no dangerous condition of public property

A drunk driver collided with a boy crossing a marked crosswalk in Glendale.  The boy and his brother settled their claims against the driver and sued the City of Glendale, alleging that the crosswalk was a dangerous condition of public property.  The trial court granted

Conrado v. CLS Landscaping Management, Inc., et al. (Nov. 27, 2023, D081551) 2023 WL 8178728

In a motor vehicle negligence case, the Court of Appeal reverses judgment and $500,000 cost-of-proof attorney fee award

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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