Wins

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

Jun 21, 2019 Civil Procedure, Contracts, Real Property

GMSR’s client faced loss of her home on account of an unauthorized home equity loan from which she received nothing. Judgment for the lender reversed.

The issue on appeal was whether evidence of the homeowner’s execution of a written agreement with a third party ratified the third party’s previously unauthorized execution of a trust deed on her home. Since a trust deed must be in writing, under the “equal dignities

Jun 11, 2019 David E. Hackett, Alana H. Rotter, Cynthia E. Tobisman Business Litigation, Civil Procedure, Contracts, Real Property

Court of Appeal affirms $3.9 million judgment on commercial guaranty, holding that federal law bars guarantor’s assertion of “sham guaranty” defense

Court of Appeal affirms $3.9 million judgment on commercial guaranty, holding that federal law bars guarantor’s assertion of “sham guaranty” defense.

May 30, 2019 Alana H. Rotter, Timothy T. Coates Civil Procedure, Government Liability

Ninth Circuit grants GMSR’s motion to dismiss interlocutory appeal from discovery ruling

GMSR, representing the defendant seeking to take the deposition, moved to dismiss the appeal. The motion argued that Ninth Circuit case law precludes a party from appealing an interlocutory discovery ruling, and that the same rationale should apply to non-party IMS because its objections were identical to Valley’s.

May 20, 2019 Alana H. Rotter, Gary J. Wax Business Litigation, Civil Procedure, Entertainment Law, Probate and Trusts

Court of Appeal rejects claim that Michael Jackson gave away 15% of his business at a middle-of-the-night meeting

Four people claimed that Michael Jackson promised them 15% of The Michael Jackson Company in a middle-of-the-night meeting in 2006. After a long bench trial, the probate court rejected those claims on multiple grounds and confirmed that Jackson wholly owned the company.

Mar 28, 2019 Robin Meadow, Cynthia E. Tobisman Business Litigation, Civil Procedure, Tort Litigation

Court of Appeal reverses denial of jury trial, refusing to apply New York law

GMSR’s clients sued their lender for destroying their business by reneging on a promise to provide additional funding. The lender cross-complained for an alleged $113 million deficiency following foreclosure on the security for its loans. The trial court rejected the clients’ demand for a jury.

Jan 10, 2019 Cynthia E. Tobisman, Alana H. Rotter Business Litigation, Civil Procedure, Contracts

Court of Appeal affirms summary judgment entitling bank to collect on defaulted loans

GMSR’s client, a bank, sued borrowers and a guarantor to collect on long-outstanding loans. The borrowers and guarantor attempted to avoid liability by challenging the admissibility of the bank’s evidence of the loans, chain of title, and outstanding balance. The trial court granted summary judgment

Dec 21, 2018 Robert A. Olson, Gary J. Wax Civil Procedure, Insurance Law

Court of Appeal affirms trial court’s order voiding jurisdictionally invalid default judgment

Plaintiff sued a general contractor for defective construction work at the Anaheim hotel she owned; the general contractor cross-complained against a group of subcontractors. After settling with the general contractor, plaintiff substituted in as the real party in interest on the general contractor’s cross-complaint and

Jul 13, 2018 Robin Meadow Civil Procedure

Court of Appeal issues peremptory writ directing trial court to vacate order denying continuance of trial

With trial less than two weeks away in this business dispute between physicians and a medical group, GMSR’s clients learned that a key expert witness had become seriously ill, required immediate surgery, and would be unavailable to testify for at least six weeks. When the

Jun 20, 2018 Timothy T. Coates, Edward L. Xanders (Ted) Civil Procedure, Labor & Employment/Agency, Tort Litigation

Court of Appeal reverses $13.9 million jury award and orders entry of defense judgment for GMSR’s client in employee commuting case

Plaintiff was injured in a car accident with a Los Angeles County deputy public defender who was on his way home from work. Although employers are generally not liable for accidents arising from an employee’s commute, the plaintiff sued GMSR’s client, the County, contending it

Dec 14, 2016 Civil Procedure

GMSR obtains dismissal of appeal from summary judgment

Malbrue v. County of Los Angeles, 2016 Cal.App. Unpub. LEXIS 8977. Plaintiff sued for the wrongful death of his father who died while in police custody. The court granted summary judgment for GMSR’s client, the County of Los Angeles, after plaintiff failed timely to introduce

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.

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.

BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.