Cases

Representative Cases

Wagenseller Law Firm has handled all types of commercial and individual legal disputes. Below is a sample of representative cases and trials:

Notary-on-the-Run, Inc. v. Ameriquest Mortgage Company and Town & Country Credit Corp.: Mr. Wagenseller represented Notary-on-the-Run, Inc., a family-owned mobile notary service, in an action for damages related to allegedly unpaid invoices. They pursued a writ of attachment against the defendant mortgage lender and credit corporation, after which the case settled on favorable terms to our client.

Ortiz v. Universal Bank, et al.: Mr. Wagenseller represented the Bank and its officers in a breach of contract action against the Bank for a failed investment in a paging company in Baja California, Mexico. A two week jury trial ended in a defense verdict in favor of the Bank and its officers.

Spring Mountain Homes, LLC v. Upland Bank: Mr. Wagenseller represented a housing developer in a month-long arbitration of a breach of contract action against the developer’s lender relating to a failed housing development in Riverside County.

TrizecHahn Office Properties, et al. v. The Hobbs Group: Mr. Wagenseller represented a large national insurance brokerage in a malpractice action arising out of a $30 million commercial property insurance portfolio. The case settled on favorable terms on the verge of trial.

White v. American Bankers Insurance Group and Great Western Bank: Mr. Wagenseller represented American Bankers in a fraud, unfair business practices and insurance bad faith action. The case settled on favorable terms.

Universal Bank v. Moss Adams LLP, et al.: Mr. Wagenseller represented the Bank in a fraud action against the accountants of a $3.3 million borrower for the intentional concealment of a tax audit in the company’s financial statements. This matter was settled on favorable terms prior to trial.

Other Cases:

We have been retained by an employee staffing company in an indemnity claim for over $230,000 relating to alleged professional negligence. We have refused to offer any money in settlement based on the plaintiff’s lack of damages. We demanded dismissal and they have agreed.

Mr. Wagenseller represented the owner of a multi-use complex in litigation involving the homeowners’ association, a condominium owner, a national restaurant chain tenant and the property owner. Through thorough legal analysis and a tough stance in settlement negotiations, the case was settled with the property owner paying nothing.

Representing a chain of restaurants in a landlord dispute with a well-known regional mall developer, Mr. Wagenseller was able to negotiate the dismissal of an unlawful detainer action and the compromise of outstanding debts on behalf of the restaurant and its investors.

Representing a well-known Orange County law firm against malpractice allegations, Mr. Wagenseller’s aggressive pre-trial work led to the dismissal of the action prior to the trial. Mr. Wagenseller was recently successful in getting the California Court of Appeals to uphold the trial court’s decision.

Mr. Wagenseller defended a couple who was wrongly accused for failing to make payments to a contractor. While the plaintiff did provide contract work, the work and services provided were shoddy and a number of the requested changes were neglected or incomplete. Mr. Wagenseller easily settled the case before it reached trial and his party was reimbursed for damages and fees incurred by the plaintiff.