Represented an additional insured against a contractor’s insurer in a case which now stands for the proposition that the words “arising out of,” in the context of an additional insured endorsement to a CGL policy, does not import a particular standard of causation or theory of liability into an insurance policy, but merely links a factual situation with the event creating liability. Acceptance has been cited in at least 72 appellate cases since it was first published in June of 1999.

GKHS consults with and represents national securities brokerage firms and individual brokers in matters related to trade secrets and confidential business information, covenants not to compete and investors’ claims in the securities industry.

Plaintiffs’ daughter was a 19 year old German citizen living and working for a family in California as an au pair. She drowned while rafting on an unguided outing with a group of 16 other au pairs at the time. Defendant Whitewater Adventures provided rafts and rafting equipment, transportation to the river, and meals to the participants. Ms. Schoeps’ parents sued Whitewater and its principal for wrongful death, breach of contract, and misrepresentation, alleging that the company failed to warn the au pairs of hazards on the river, that it failed to give the girls proper instruction, and that it misrepresented the nature of the trip.
Defendants moved for summary judgment, arguing that drowning is an inherent risk of whitewater rafting; plaintiff’s decedent executed a comprehensive release before embarking on the trip; and the misrepresentation and breach of contract claims fail for lack of evidence. The court granted summary judgment on the grounds that plaintiffs’ claims were barred by the California doctrine of Primary Assumption of the Risk, by decedent’s Express Assumption of the Risk, and because there was insufficient evidence to sustain the claims for misrepresentation and breach of contract.

Unfair Competition: Obtained Temporary Restraining Order and Preliminary Injunction before The Honorable Vaughn Walker on behalf of a distributor of prepaid telephone calling cards, and against defendants whose new cards infringed the look and feel of our client’s cards.

Obtained a Temporary Restraining Order and Preliminary Injunction before the Honorable David Garcia, halting the performance LASIK eye surgery performed with non-sterile surgical equipment and products. GKHS and co-counsel obtained class certification for approximately 3,000 former patients who had been exposed to the defendants’ unsafe medical practices. The settlement provided a significant cash payment to each class member.

Obtained defense award at binding arbitration before the Honorable Read Ambler in a multi-million dollar broker liability case involving the sale of two apartment complexes in Sacramento. Recovered attorneys fees.

Represented ex-CEO of Vivitar as plaintiff in a wrongful termination case. We obtained a favorable settlement on the eve of binding arbitration.

Defended the Episcopal Diocese Of Northern California and the Episcopal Diocese Of San Diego against claims that the plaintiff had recovered memories of being molested by a priest in the late 1970’s. Obtained summary judgment in favor of the Dioceses.

Represented plaintiffs as co-lead counsel in a false advertising case filed against several grocery store chains with stores throughout Northern and Southern California. The stores sold fruits and vegetables claiming that the produce contained “no detected pesticide residues.” In fact, the produce was sprayed with a variety of pesticides. GKHS defeated the anti-SLAPP motion filed by the defendants. Defendants appealed the trial court’s order and the case settled while on appeal. The defendants agreed to change the advertising used in their stores, to update their quality control, and to pay attorneys fees and costs of suit.

Obtained a defense verdict for Century Theatres after a court trial of a commercial unlawful detainer case, in which the landlord sought eviction of 20 year movie theater tenant and alleged damages of $1,000,000.00. Recovered attorneys fees.

Represented plaintiff theater company in a suit against the developer of a mall in Sunnyvale, California, alleging that the developer breached an obligation to the plaintiff to pay $750,000.00 in liquidated damages after leasing the Mall to one of plaintiff’s competitors. Obtained a favorable settlement after prevailing at an eight week court trial in San Francisco Superior Court.

GKHS and co-counsel Zelle, Hoffman, Voelbel, Mason & Gette represented plaintiffs in a state court class action against manufacturers of head lice remedies seeking damages and injunctive relief. After the manufacturers removed the action to the U.S. District Court for the Northern District of California, plaintiffs moved for remand and an award of attorneys fees. The Honorable Fern M. Smith granted the motion and awarded fees, on the grounds that defendants could not establish the jurisdictional minimum amount in controversy based on defendants’ cost of complying with the requested injunction, aggregation of punitive damages claims, or attribution of attorney fees sought by plaintiffs to class representatives alone. The Ninth Circuit Court of Appeals affirmed the trial court’s ruling.

GKHS defended The Church Divinity School Of The Pacific against claims by a seminary student and Ph.D. candidate that he had been wrongfully terminated from the Ph.D. program by school officials for failing to complete his coursework. Obtained summary judgment from the Northern District, affirmed on appeal by the Ninth Circuit. Later obtained summary judgment from the Alameda County Superior Court.

Defense jury verdict on behalf of insurance broker against allegations that it had failed to find earthquake coverage for historic building in Oakland subsequently damaged in the 1989 earthquake.

Represented a tavern sued for wrongful death by the heirs of an armed felon who, with three others, stormed the Bottom's Up Bar wearing masks and brandishing guns in an attempted robbery. Plaintiff’s decedent and the other gunmen forced the bar's owner at gunpoint to surrender all of the money in the bar's safe and stole all of the valuables and personal possessions of the bar patrons. During the robbery, the bar was surrounded by the Hayward Police Department. The gunmen used some of the bar's patrons as hostages and human shields during a shoot-out with the Hayward police. One of the patrons used a pocket knife to defend himself against the gunmen, mortally stabbing him during the shootout. The gunmen’s heirs sued Bottom's Up Bar for wrongful death.
Case dismissed after GKHS filed a demurrer and a motion to strike.

GKHS represented an insurer in an action in which a nightclub was sued by a patron injured after a brawl in the parking lot. After defense and indemnity were denied based on the assault and battery exclusion, the nightclub assigned its rights against the insurer to the claimant.
After the insurer filed a claim for declaratory relief, the claimant proffered a human factors expert who opined that the exclusion was ineffectual because, among other things, it was in the middle of the policy. The expert contended that only the first and last items presented in a series of items will be the ones most noticed and remembered. Despite this testimony, declaratory judgment was entered in favor of the insurer, and affirmed on appeal.

Obtained a defense award for a contractor after binding arbitration in a construction defect/ breach of contract lawsuit. Recovered attorneys fees.

Plaintiff, who was shot in the head by an unknown assailant while watching a movie, claimed that the theater was liable for his injuries due to an alleged lack of security. GKHS obtained summary judgment for the defendant theater.

Quashed summons in an employment and alleged defamation matter where plaintiff resided in SF, defendants resided in Minnesota, and actions giving rise to the complaint took place in Italy.

Plaintiffs claimed that their securities brokerage agreements requiring arbitration before a panel of the NASD were unenforceable because the NASD had refused to adopt California’s new disclosure standards for neutral arbitrators. GKHS obtained an order compelling arbitration on the grounds that the arbitration agreements signed by plaintiffs were governed by the Federal Arbitration Act.

GKHS was co-counsel with a Texas law firm in defending against claims of copyright infringement and unfair competition. The client achieved a favorable settlement and release of all claims after extensive negotiations and mediation.

Obtained summary judgment for the City and County of San Francisco and PG&E in an action concerning an alleged dangerous condition in PG&E’s gas transmission and distribution facilities.

Defense verdict for theater company in trip and fall case.

Defense verdict for building owner in trip and fall case.

Defense verdict for theater company in slip and fall case.

Defense verdict for theater company in slip and fall case.