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.

L.S. v. City of Glendale (Nov. 21, 2023, B319602) 2023 WL 8046891

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

Court of Appeal reverses judgment, ordering Proposition 51 apportionment retrial

GMSR’s landlord client invited a guest to visit her property.  During the visit, a dog attacked the guest and she sued the landlord for negligence.  At trial, the landlord presented evidence that her tenant owned the dog and was therefore strictly liable to the plaintiff

Hedding-Kelton v. Madrigal (Nov. 1, 2023, C095876) 2023 WL 7175716

Court of Appeal reverses judgment, ordering Proposition 51 apportionment retrial

AIX Specialty Insurance Company v. Timed Out, LLC (Oct. 5, 2023, B320255) 2023 WL 6475087

Court of Appeal affirms summary judgment, holding that insurance policy does not cover infringement of models’ rights of publicity

GMSR persuades Court of Appeal to set aside $7.619 million judgment against its client

In a wrongful death case, the decedent’s family sued GMSR’s truck-driver client and his employer for negligence.  Before trial, the truck driver disappeared.  When plaintiffs served requests for admissions (RFAs) on the driver regarding liability and he failed to answer, plaintiffs successfully moved the trial

GMSR wins reversal and remand of $1.75 million judgment against school district, with instructions to hold trial on apportionment of fault

A student sued GMSR’s school district client for injuries sustained in a mandatory physical education class, caused by a push tackle in a touch football game by another student with a history of bullying.  Plaintiff claimed that the class teacher negligently supervised the students and

Inzunza et al. v. Naranjo et al. (2023) 94 Cal.App.5th 736

GMSR persuades Court of Appeal to set aside $7.619 million judgment against its client

GMSR wins affirmance of anti-SLAPP order, striking malicious prosecution claim against individual who assisted police officers

Rental property managers in San Luis Obispo received anonymous letters threatening to shoot them and their tenants if they rented properties to minorities.  The police identified a chief suspect, Richard Orcutt, and contacted one of Orcutt’s prior co-workers, city fire official John MacDonald.  MacDonald stated

Nigel B. v. Burbank Unified School District (2023) 93 Cal.App.5th 64

GMSR wins reversal and remand of $1.75 million judgment against school district, with instructions to hold trial on apportionment of fault

Court of Appeal affirms summary judgment, finding no duty in case alleging inadequate streetlighting by public utility

While on their nightly walk to a neighborhood park, the plaintiffs’ parents were hit in a crosswalk.  The plaintiffs sued Caltech and GMSR’s client, the public utility that provided streetlighting in the area.  The plaintiffs contended that because of Caltech’s efforts to mitigate light pollution

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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