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

GMSR’s insurer client issued a commercial general liability (CGL) policy to a nightclub.  Club employees obtained various models’ photographs and used them in social media posts promoting the club.  The models’ rights-management company sued the club, alleging that it had used the photographs without permission

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 defeats entertainment company’s novel appeal for pandemic coverage

Endeavor Operating Co., a media and entertainment producer, sued its commercial property insurer for coverage of losses it experienced during the COVID-19 pandemic.  Endeavor argued that governmental restrictions on its ability to use venues, and property damage supposedly caused at unnamed venues by the virus

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

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

GMSR wins Ninth Circuit affirmance of order dismissing evidence fabrication claims against 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.  City resident John MacDonald saw the letters and told the police that he recognized the handwriting as that of his former co-worker

Ninth Circuit affirms dismissal of hotel’s property insurance claim for pandemic-related business losses

HT-Seattle, operator of a large Seattle-area hotel and conference center, suffered business losses during the COVID-19 pandemic. HT-Seattle sued its property insurer (GMSR’s client) to cover these losses, claiming that the presence of COVID-19 virus at the hotel constituted “direct physical loss or damage” to

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

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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