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.

Court of Appeal reverses $4 million emotional distress judgment

Wilson v. Southern California Edison (2015) 234 Cal.App.4th 123 (California Court of Appeal, Second Appellate District, Division Four) [published]. The plaintiff experienced what she called a “tingling sensation” at her showerhead that turned out to be stray voltage emanating from the next-door power substation owned

Breeden v. Superior Court (Oct. 10, 2014, E061553) 2014 WL 5090571 [nonpublished opinion]

Granting a petition for writ of mandate drafted by GMSR, the court held that the doctrine of primary assumption of the risk applies to an animal control officer

Court of Appeal rules that animal control officer assumes the risk of being bitten in directing that summary judgment be entered for GMSR’s client

Breeden v. Superior Court (2014) 2014 Cal.App. Unpub. LEXIS 7216 (California Court of Appeal, Fourth Appellate District, Division Two) [unpublished]. Two pet pit bulls mauled an animal control officer who was attempting to impound them. The animal control officer sued the dogs’ owner and the

Barrett v. Leech (July 24, 2014, D063991) 2014 WL 3659366 [nonpublished opinion]

A horse owner owed a horse farrier no legal duty under the “occupational assumption of risk” doctrine

Court of Appeal affirms summary judgment in favor of GMSR’s horse-owner client based on occupational assumption of risk doctrine

Barrett v. Leech (July 24, 2014, D063991) 2014 WL 3659366 (California Court of Appeal, Fourth Appellate District, Division One) [unpublished]. A horse owner hired a farrier to trim his horses’ hooves in the owner’s outdoor corral. While the farrier was trying to secure one of

Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308 (amicus)

Court of Appeal holds unpaid amount of medical bills inadmissible to show future medical or noneconomic damages

Cotton v. Starcare Med. Group (Mar. 7, 2012, G045538) 2012 WL 748754 [nonpublished opinion]

GMSR’s clients, two Medicare-funded HMOs, are defendants in the underlying action alleging wrongful death and elder abuse. They had successfully demurred to plaintiffs’ claims on the ground, among others, that the plaintiffs’ state law claims against them were preempted by the federal Medicare Act. After

Court of Appeal reverses attorney fee award imposed on GMSR’s clients

Cotton v. StarCare Medical Group, Inc. (2012) 2012 Cal.App. Unpub. LEXIS 1782 (California Court of Appeal, Fourth Appellate District, Division Three) [unpublished]. GMSR’s clients, two Medicare-funded HMOs, are defendants in the underlying action alleging wrongful death and elder abuse. They had successfully demurred to plaintiffs’

Coffee House v. Superior Court (Jan. 12, 2012, B234545) 2012 WL 90098 [nonpublished opinion]

Shooting victims failed to show that any breach of duty by café proprietor caused their injuries

Court of Appeal issues writ directing summary judgment for GMSR’s client in case arising out of store shooting

Coffee House v. Superior Court (2012) 2012 Cal.App. Unpub LEXIS 263 (California Court of Appeal, Second Appellate District, Division Five) [unpublished]. Two unidentified men entered Coffee House, GMSR’s client, and started shooting. They fatally shot a patron named Hung and wounded three others, who sued

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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