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.
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 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
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
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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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