Wins

GMSR has a stellar track record and reputation as writs and appeals attorneys. Below is a sample of recent wins for our clients.

Court of Appeal invalidates San Diego County Local Rule 2.1.3 and vacates judgment entered after judge rejected peremptory challenge

GMSR’s client, represented at trial by Strategic Legal Practices, was scheduled to try her case before a San Diego judge, but his calendar became too crowded.  Acting under Local Rule 2.1.3, which purports to provide any judge of that court with the power to act

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

Court of Appeal reverses order denying settlement enforcement and interprets settlement under CCP 998 in favor of GMSR’s clients

GMSR’s clients leased a vehicle that proved to be a lemon and sued the manufacturer under California’s lemon law, the Song-Beverly Act.  The manufacturer sent the clients a Code of Civil Procedure section 998 settlement offer, and they accepted.  Under the settlement agreement, the manufacturer

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 secures reversal of anti-SLAPP dismissal on the basis of circumstantial evidence

GMSR’s client, Broadcom subsidiary LSI Corporation, sued a former employee for breaching a confidentiality agreement.  Among other things, LSI alleged that the employee disclosed LSI’s confidential information to his wife’s company by retaining LSI’s confidential material when he left LSI, and then posting that information

Reversing the trial court, the Court of Appeal holds that the increasing acceptance of remote testimony does not necessarily limit venue changes based on witness convenience

A tort defendant moved pre-trial to transfer the case from San Francisco superior court to San Diego superior court for the “convenience of the witnesses” under Code of Civil Procedure section 397, subdivision (c).  He argued that most of the witnesses were based in San

Judgment Reversed: The Ninth Circuit Rules That GMSR’s Clients Did Not Abandon A Favorable Jury Verdict Merely By Arguing That Post-Judgment Proceedings Were Unnecessary

GMSR’s clients, two retirees who unwittingly leased a defective car, secured favorable jury verdicts on two claims under the Song-Beverly Consumer Warranty Act: one for breach of express warranty and another for breach of implied warranty.  Recognizing that they were not entitled to a double

Court Of Appeal Reverses Order Setting Aside Default Judgment

In a 2013 lawsuit, GMSR’s bank client recovered a default judgment for damages and nearly $400,000 in attorney fees.  Seven years later, the defendant moved to set aside the judgment.  The trial court granted the motion on the basis that there were procedural defects in

Court Of Appeal Rejects Plaintiff’s Attempt To Disavow $15,000 Settlement So As To Pursue A Multi-million-dollar Claim

A plaintiff was seriously injured in an auto accident. Her counsel demanded that the defendant and the defendant’s insurance carrier settle the plaintiff’s injury claim by paying the full $15,000 policy limit. The carrier accepted and complied with all the demand’s short-fuse conditions, thereby dashing

Court Affirms Summary Judgment For GMSR’s Client On Employment Discrimination Claims

Delta Dental laid off 33 employees as part of a reorganization. One sued, alleging pregnancy discrimination and retaliation. The trial court granted summary judgment for Delta, and GMSR secured an affirmance on appeal. Agreeing with GMSR’s position, the Court of Appeal held that Delta established

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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