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
Court of Appeal sides with GMSR’s client in Proposition 218 tax measure election case
The City of Riverside held a regularly scheduled City Council runoff election and included a city tax measure on the same ballot. Voters approved the tax measure, but a taxpayer group challenged it. The group argued that the City had referred to the runoff election
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’s published opinion holds that California lemon law protects used car buyers with active new-car warranties
GMSR’s clients discovered that their used vehicle was defective, but the manufacturer refused to repair or replace it. They sued the manufacturer under California’s lemon law, the Song-Beverly Consumer Warranty Act, which requires manufacturers to either replace defective cars or offer the consumer a refund.
Court of Appeal affirms family court decision based on fundamental appellate rules
Years after a mother and father (GMSR’s client) agreed to a final custody order involving their daughter, a family law court modified the order, granting the father tie-breaking authority in the event that the two parents disagreed about healthcare or educational decisions. The mother appealed.
Court of Appeal affirms that a homeowner’s non-specific request to an insurance agent to cover “everything in the house” creates no duty requiring the agent to advise the insured about the inadequacy of their jewelry coverage
A homeowner sought insurance coverage for his $9.5 million home in Los Angeles. He advised an insurance agent for Fire Insurance Exchange that he wanted a policy that covered “everything in the house, fully and completely.” The agent said “okay.” Fire issued a homeowner’s policy
Court of Appeal affirms ruling prohibiting homeowners association from cutting mature trees on GMSR’s client’s property
GMSR’s client owns property within the Rolling Hills Community Association (RHCA). The area was developed over decades, and the developers recorded a series of restrictive declarations bringing additional tracts into RHCA. Some early declarations contained a “tree cutting covenant” allowing RHCA to enter private property
California Supreme Court: GMSR’s consumer client is entitled to full statutory restitution under California’s lemon law—without offset
GMSR client Lisa Niedermeier gave the manufacturer of her defective Jeep Wrangler more than a dozen chances to fix the vehicle before asking the manufacturer to buy it back under California’s Lemon Law, the Song-Beverly Act. The manufacturer refused her buy-back request, willfully violating the
Court of Appeal reverses rulings shortening time to file attorney fee motion and denying motion as untimely
GMSR’s client tentatively agreed to a settlement for a fixed amount, plus attorney fees to be resolved via motion. After the parties notified the trial court about their tentative settlement, the court set a hearing on an order to show cause regarding dismissal. The court
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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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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