2022-08-17 23:36
The Court of Appeals: No to an Exclusive Implied Easement But Yes to an Exclusive Equitable Easement
The California Court of Appeals has, it seems to me, muddled the law of boundaries… Read More
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Wagenseller Law Firm specializes in real estate and business litigation in Los Angeles & Southern California. Call (213) 286-0371 Free Initial Consultation
2022-07-28 20:59
Los Angeles Real Estate Attorneys Must Determine Whether The Claim Involves A Real Property Claim Before Recording A Lis Pendens
A lis pendens—also called a notice of pendency of acti… Read More
2022-06-16 22:39
An Experienced LLC Lawyer Offers Advice on Lawsuits Among LLC Members
At Wagenseller Law Firm we handle numerous lawsuits relating to limited liability companies (or LLCs). Our litiga… Read More
2022-06-03 20:46
Frequently Asked Questions About Hiring An Attorney And Engaging In Litigation in California
How Can Wagenseller Law Firm Help You?
The business litigation attorneys at Wagenseller La… Read More
2022-05-16 19:47
Corporate Litigation Attorneys Must Make Sure A LLC Member Has Standing to Maintain Derivative Claims.
Corporate derivative lawsuits in California can be complicated in terms of both party s… Read More
2022-04-20 23:04
Even Los Angeles Real Estate Lawyers Are Often Confused About What Constitutes A Prescriptive Easement
California law is well-settled that prescriptive easements are not appropriate in garde… Read More
2022-03-16 23:00
Los Angeles partition attorney Laine T. Wagenseller explains the interplay of the statutory right to partition with the right of first refusal granted by contract.
Partition in Los Angeles a… Read More
2022-02-22 22:31
Real Estate Attorneys Must Keep In Mind Fairness and Fiduciary Duties
A recent partnership lawsuit I was working on led me to research a particular issue of fairness in how a general partner… Read More
2022-02-22 18:57
Wagenseller Law Firm is proud to announce that our founder, Laine Wagenseller, has been selected again as a Super Lawyer for 2022.
Super Lawyers selects attorney through peer nominations, ev… Read More
2022-01-13 00:33
Real estate litigation lawyers in Los Angeles are usually very familiar with partnership disputes and dissolutions. However, not all real estate attorneys are familiar with California’… Read More
2021-11-23 19:01
Family litigation over properties involves issue of fiduciary duties and cancellation of deeds.
Los Angeles Real estate litigation attorneys who handle family lawsuits relating to property o… Read More
2021-11-10 22:52
A lien holder who fails to renew its judgment loses that priority even after entry of an Interlocutory Judgment in a partition lawsuit.
In a recent California court of appeal opinion the cou… Read More
2021-10-26 08:30
Corporate Directors Accused of Looting The Corporation May Not Shift The Cost of Their Defense To The Corporation.
Corporate fraud lawsuits often center around Directors who loot the corpora… Read More
2021-09-01 20:15
The law favors division over sale but partition may not interfere with zoning laws or the existing mortgages.
A partition lawsuit in California allow co-owners of a property to sell or divid… Read More
2021-08-05 18:19
The situation is not uncommon. Business partners in a partnership dispute often simply move the business over to another entity and try to proceed without the problematic partner. &hell…Read More
2021-07-13 20:39
I recently came across an old article I wrote about the work I do in Uganda with Bringing Hope to the Family Orphanage. I thought you would enjoy it.
Building Men in Uganda
“Th… Read More
2021-06-03 21:43
Corporate Litigation Attorneys Cannot Side Step The Rules In A Derivative Lawsuit
1. The compulsory cross-complaint statute is designed to prevent ‘piecemeal litigation’.
Busines… Read More
2021-06-03 21:43
Corporate Litigation Attorneys Cannot Side Step The Rules In A Derivative Lawsuit
1. The compulsory cross-complaint statute is designed to prevent ‘piecemeal litigation’.
Busines… Read More
2021-04-16 10:00
Los Angeles real estate attorneys should note that the California Supreme Court and Court of Appeals have clarified trespass and treble damage for trees and tree issues.
Real estate attorne… Read More
2021-04-08 23:27
Corporation Code section 16701 allows an award of attorneys’ fees against a party who acted arbitrarily, vexatiously, or not in good faith but that award is discretionary.
Los Angeles… Read More
2021-03-22 22:50
On March 9, 2021, the California Court of Appeal issued an opinion in Husain v. California Pacific Bank. In this case, Husain fought a finding of prescriptive easement on his property… Read More
2021-02-17 03:28
Real estate attorneys in California may be familiar with the concept of easements. But what is a “secondary easement”?
We all understand that a grant of easement gives t… Read More
2020-07-01 18:20
In commercial real estate, Los Angeles litigation lawyers must often deal with emergencies. And emergencies often involve temporary restraining orders and preliminary injunctions. … Read More
2020-05-12 17:42
Mediation is a form of alternative dispute resolution (ADR) that emphasizes cooperative problem solving. It can be especially useful in resolving partnership disputes and shareholder dispute… Read More
2020-03-31 20:01
Property sellers have a duty to disclose certain information to their buyers. As explained by the California Department of Real Estate, there is a state statute in place that requires reside… Read More
2020-02-19 21:45
California Court of Appeal upholds holdover rent in AIR Lease form
In Los Angeles commercial and industrial real estate, owners, tenants and attorneys often use the AIR Commercial Real Es… Read More
2020-01-28 15:50
How do you get rid of a fraudulent deed of trust or other recorded document that clouds your title in California?
As a real estate litigation attorney in Los Angeles, I come across situat… Read More
2020-01-03 21:31
Los Angeles Real Estate Litigation Update: California Court of Appeal Strikes Down a Lease Forum Selection Clause Which Includes a Waiver of Jury Trial Clause
California leases ofte… Read More
2019-11-07 20:42
Many times, a piece of property is owned by more than one person, and as co-owners all members must agree on how to use the property. What happens when co-owners of land disagree on what to… Read More
2019-10-24 20:42
When a trust is created, a settlor places property in a trust with the management of a trustee in order to benefit a beneficiary. But what happens when the trust fails, the entirety of the t… Read More
2019-09-18 23:14
Real Estate Lawsuits Between Neighbors Over Fences and Walls
Los Angeles real estate lawyers know that on January 1, 2014, California’s Civil Code section 841 went into effect. &hell…Read More
2019-09-16 10:00
As Los Angeles real estate litigation attorneys we are often called upon to help clients untangle a messy “partnership” dispute. But when clients call with a “partnership&r&hell…Read More
2019-08-30 19:16
Can a trial court find an equitable easement (and a prescriptive easement) just based on what is feels is important and equitable? California’s Court of Appeal says no.
A tr… Read More
2019-08-19 15:44
Purchasing commercial property is a different experience than purchasing a residential home, and this is especially the case if you are buying a building with commercial leases. Commercial p… Read More
2019-07-02 15:04
Experienced Real Estate Attorneys Can Make A Big Difference
Real estate litigation in Los Angeles is already a highly tendentious process. But when the lawsuit is between family members, the… Read More
2019-06-12 15:25
As a general rule, corporations and their boards are subject to scrutiny by their shareholders. One of the ways that stakeholders can review and scrutinize a corporation is through a demand… Read More
2019-06-10 14:52
Opening a business is one of the most exciting and challenging experiences of an entrepreneur’s life, but closing a business often comes with very different emotions. For many, the cho… Read More
2019-06-07 22:03
A business tenant in California owns the business but not the building out of which they operate. This is the case for the vast majority of businesses in California and around the country. A… Read More
2019-06-05 20:04
What to do with crazy? A potential client bought a house. Later her boyfriend lost his job so started working on the house. They talked about him getting some “equity”. The proje… Read More
2019-06-05 20:02
Then there are those crazy potential clients who call and argue with you. Lady owns land subject to a non-exclusive easement–or she has the easement–she’s not sure. She wan… Read More
2019-06-05 20:02
Right of First Refusal in California Leases. It must be set forth in the contract and even then only arises if the owner decides to sell. But if the owner decides to sell and gets a bona fid… Read More
2019-06-05 20:01
Potential clients wanted to get out of a purchase contract because there was a 5G cell transmitter on a nearby telephone pole. They had waived their contingencies but insisted that Seller fa… Read More
2019-06-05 19:56
I received a call from a husband and wife (both attorneys). They had waived their contingencies but felt they had a 3-day period in which to cancel after certain disclosures. But they didn&r&hell…Read More
2019-06-05 19:55
A potential client owns a retail store in a shopping center in DTLA. He renewed his lease in November but now the landlord has notified him that they are closing the center entrance next to… Read More
2019-06-05 19:54
Some potential clients question whether an oral contract is even enforceable. (Yes, they are). The same goes for partnerships–there is no requirement that there be a written partnershi… Read More
2019-06-05 19:54
Our client entered into a contract to purchase a property. The Seller, however, later found a better deal and reneged. We are suing for specific performance to force the sale. The Seller has… Read More
2019-06-05 19:52
I had a case where a consultant sued my clients–Directors of a bank–claiming an oral joint venture to build a cellular paging company in Mexico. He claimed that he was promised a… Read More
2019-06-05 19:51
Our client entered into an oral contract. The plaintiff would contribute seed money to get the business going. Our client would enter into a lease, contribute money and start the business (d… Read More
2019-05-24 20:58
Real estate attorneys in Los Angeles often deal with real estate disputes between neighbors over rights to property. Boundary disputes often involve claims of quiet title (who owns thi… Read More
2019-03-27 23:23
No one hopes or expects to encounter problems in commercial real estate when it comes to partnership agreements. However, partnership disputes can be caused by many different situations, suc… Read More
2019-03-26 20:06
In a typical contract dispute, the most common form of remedy is monetary damages, which is otherwise known as restitution. In certain situations, no amount of money can rectify the damage o… Read More
2019-03-26 19:39
The California Revised Uniform Partnership Act (RUPA) is the state adopted version of the national Revised Uniform Partnership Act that has been adopted by many states across the country. Th… Read More
2019-03-26 17:55
Los Angeles real estate involves high prices but some parties (and lawyers) kill deals over small value items
The old saying bemoans the person who “can’t see the forest through… Read More
2019-03-22 18:34
Real estate contracts are different than almost any other type of contract because under the law, every piece of real estate is considered unique, and unique items have their own special typ… Read More
2019-02-28 16:01
Business Litigation Attorneys Handle A Variety Of Breach Of Contract Claims
Business litigation attorneys in Los Angeles are called to deal with a variety of breach of contract disputes. Wh… Read More
2019-02-06 23:50
You May Lose Your Right To Collect Attorneys’ Fees.
“They just wanted money so I ignored their letter.” We hear this explanation often. Our client received a letter from a… Read More
2019-02-06 17:17
Boundary Lawsuits Are Common in Los Angeles
Neighbors fighting neighbors usually comes down to disputes over boundaries, fences and trees. Otherwise friendly neighbors and friends can transf… Read More
2019-02-05 23:25
Volume 15, Issue 1
Can You Afford to Arbitrate?
Courts Excuse Indigent Parties from Contractual Arbitration Provisions
Real estate contracts often include an arbitration provision… Read More
2019-02-04 21:39
Super Lawyers has once again recognized Los Angeles real estate litigation attorney Laine Wagenseller as a “Super Lawyer” for 2019. According to Super Lawyers, this peer designat… Read More
2019-01-22 17:39
Los Angeles trial attorneys representing clients in mediation will have to provide a notice to their client about the confidentiality of mediation and the inability to use such communication… Read More
2019-01-08 18:53
In a California partition lawsuit the trial court must determine two things: a determination of the parties’ interests in the property and, secondly, the manner of partition&mdas&hell…Read More
2018-12-22 10:00
If you are considering purchasing commercial real estate for your business, it is important to understand some of the legal intricacies of commercial build purchases and sales in California… Read More
2018-12-21 20:07
Real Estate Litigation Between Family Members Can Spiral Out of Control.
Los Angeles real estate attorney Laine Wagenseller has handled many lawsuits among family members relating to real es… Read More
2018-12-14 13:23
When multiple people claim ownership over one piece of property or multiple owners disagree about what to do with the land, a quiet title action can help resolve the issues. Quieting title d… Read More
2018-12-11 00:18
Perhaps the title is not sexy enough. But this California real estate case reeks of greed and overreaching enough to compete with any soap opera. The case is North Valley Mall, L… Read More
2018-12-10 23:33
The word “unconscionable” is one of those legal terms you might imagine Jackie Chiles, Kramer’s attorney from Seinfeld, throwing around in a show of big but perhaps empty a… Read More
2018-11-11 10:00
When more than one person owns a piece of property, disputes can arise. When co-owners cannot decide what to do with their real estate or wish to part with it, the process of buying out owne… Read More
2018-11-09 14:55
Real estate contracts differ from all other types of contracts because every piece of property is unique. Unlike a contract for the purchase of a million identical widgets, for example, it i… Read More
2018-10-25 19:00
A fiduciary duty exists when one party has an obligation to act in the best interest of another party. When the fiduciary acts in their own best interests instead of that of the other party… Read More
2018-10-25 18:48
A breach of contract refers to a violation of the terms of an agreement made between two parties. When one side fails to live up to the terms of the contract or interferes with the ability… Read More
2018-10-17 03:55
Volume 14, Issue 2
Our Most Recent Trial
Our client was sued by his neighbor (an attorney) for prescriptive easement, intentional destruction of a fence, ejectment, encroachment, water dive… Read More
2018-10-17 03:53
Volume 14,Issue 1
Nondisclosure of Defects in Property
The California Court of Appeal recently dealt with a case in which the buyers sued the sellers for fraud, claiming that the sellers had… Read More
2018-10-17 03:51
Volume 12, Issue 2
Partnership Lawsuits: Duties
We handle a lot of partnership lawsuits. In one form or another. While we call them ‘partnership’ disputes, these lawsuits can inc… Read More
2018-10-17 03:50
Volume 12, Issue 1
Our Speciality: Real Estate Litigation
“Focus on those activities you do brilliantly, and from which you produce extraordinary results.”
I recently heard a bus… Read More
2018-09-06 21:54
Regardless of whether you are a residential homeowner who has discovered a material, undisclosed defect in your property, or a commercial property owner facing a revolt from tenants over ext… Read More
2018-09-06 21:31
Whether you and a friend started a business out of your literal or figurative garage, or you are a seasoned investor in high-stakes business dealings with other industry veterans, a partners… Read More
2018-09-01 18:13
Obviously, the whole point of a contract is that two parties are seeking security that the other party is going to do something in return for something for them. A contract is essentiall… Read More
2018-08-30 19:18
Obviously, the whole point of a contract is that two parties are seeking security that the other party is going to do something in return for something for them. A contract is essentially a… Read More
2018-08-18 07:33
There is a widespread misunderstanding that a contract must be “in writing” for it to actually be a contract which can be enforced. To be sure, “get it in writing” is… Read More
2018-07-20 00:25
“Liquidated damages” may sound like the name of a long-lost Nirvana b-side, but instead they refer to clauses often buried towards the end of a long contract which purport to sta… Read More
2018-07-13 22:30
The difference between a general partner and a limited partner in California partnership comes down to two primary questions: 1) What is your right to control the company?; and 2) What is yo… Read More
2018-07-06 22:10
Whether you own property as a residential or business owner, it can come as an unpleasant surprise when you suddenly see a neighbor or even a stranger on your property, using it as their own… Read More
2018-06-18 14:40
If you purchased a residential or commercial property, and you ended up getting something different than what you thought were getting – which can include anything from omissions regar… Read More
2018-06-12 23:37
I leave for Uganda on July 6. This is my 9th year going there to work with the vocational school students at Bringing Hope to the Family orphanage. What I love is the generation of leaders… Read More
2018-06-11 14:40
When you decide to go into business with another person in a California partnership, you are no doubt dreaming about the profits that you are going to make by working together. What you migh… Read More
2018-06-04 14:39
At the very heart of the concept of a business partnership is the idea that you and another party (or multiple parties) are working together, on the same side, in the pursuit of a common goa… Read More
2018-05-18 07:00
As fellow shareholders in a corporation, minority and majority shareholders are hypothetically “on the same team” with respect to their ultimate interests being aligned, at least… Read More
2018-05-15 01:00
The sale of a commercial building or common property to new owners can raise significant uncertainty for business tenants whose livelihood may be tied to a familiar relationship with a landl… Read More
2018-05-08 00:59
When running a business, especially a new business or startup, “common area maintenance” is likely not at the top of an entrepreneur’s or CFO’s list of financial conc… Read More
2018-04-27 00:43
Wagenseller Law Firm, based out of Downtown Los Angeles, has long strived to honor its clients with outstanding legal service, and the firm’s efforts in meeting the legal needs of busi… Read More
2018-04-24 01:01
Real estate is big business in California – and, for many individuals and families, the largest financial transactions of their lives – and so whether the agreements that people… Read More
2018-04-21 01:12
A business partnership in California is, of course, just that: a partnership in which two or more people come together to work towards a common business goal. It’s not uncommon to hear… Read More
2018-04-20 00:41
If you feel you have been wronged in a significant California real estate purchase dispute (and, given the price of real estate here, few such disputes are insignificant), or if you have bee… Read More
2018-04-17 00:54
Some might say that the system of capitalism is built on the notion that we all act in self-interested ways, and thus, through competition and basic rules of fair play, we as a society can h… Read More
2018-04-13 02:40
Countless people enter into partnerships every year, whether they know it or not, as many states will recognize the legal existence of a partnership anytime two or more people work together… Read More
2018-01-17 17:39
Because real estate is often so expensive, and because real estate parcels are regularly gifted to or inherited by multiple parties, it is not uncommon for real estate to be jointly owned by… Read More
2018-01-10 15:00
Few types of investments can carry more financial risks, consequences, and potential pitfalls than a large-scale (or even small-scale for that matter) real estate deal. Whether you are actin… Read More
2017-12-18 15:00
Whether you are a purchaser or seller in a residential or commercial property deal, there may come a point in time before closing when you decide you no longer want to go through with the de… Read More
2017-12-12 17:28
In California, a commercial landlord has the ability to demand that rent be paid on the first day of the month, or the first day of any other periodic term as set forth in the lease. Althoug… Read More
2017-12-05 15:00
A common clause requested in a California commercial lease is a lease exclusivity provision, or “exclusive use provision.” In essence, an exclusive use provision means that the l… Read More
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