Merry Christmas and Happy Holidays from Wagenseller Law Firm
We are thankful for our friends, clients and family this holiday season. Thank you for all of your Hudson Whitney Wagenseller support over this past year. Thank you especially for all of your kind words and condolences this past week. I was in Durango, Colorado with most of my family celebrating the life of my oldest brother, Hudson Whitney Wagenseller, who died suddenly last week, just shy of his 60th birthday. We will miss him very much.
All the best to you and your family,
Wagenseller Law Firm
Business Litigation: Demurrer Sustained Without Leave to Amend
We were pleased to notify our client that the Los Angeles Superior Court judge handling one of our cases granted (“sustained”) our demurrer to plaintiff’s First Amended Complaint without leave to amend.
A demurrer is a challenge to the complaint at the beginning of the lawsuit, arguing that the allegations of the complaint, even if true, do not state a viable cause of action or are barred by some legal concept. “Without leave to amend” means that the plaintiff may not try again.
We argued that plaintiff’s lawsuit was barred by res judicata, which means that the issues raised had already been decided in a prior action. Res judicata applies if (1) the decision in the prior proceeding is final and on the merits, (2) the present proceeding is on the same cause of action as the prior proceeding, and (3) the parties in the present proceeding or parties in privity with them were parties to the prior proceeding. We felt that our client fit all three elements and the court, after two hearings and after going back and forth, agreed.
We are pleased to give our client this good news as an early Christmas present.
Getting A Chance To Walk Again.
Adolf, the 11-year old orphan from Adolf on big wheel Uganda who suffered burns to his legs that left him unable to walk or run, has arrived here in Los Angeles and started surgeries to correct his burns. He has settled in well with my brother’s family and, except for the surgeries, has been enjoying himself. The media has covered this story and here are links to some of the news stories.
“ABC Channel 7 Article/Video (11-19-12): “Burned Ugandan boy arrives in Los Angeles for reconstructive surgery”
“Ventura County Star News Article (12-7-12): “Doctor says prognosis is good for Ugandan burn victim staying in Thousand Oaks”
What do we do?
We appreciate your referrals. It is your testimonials and referrals which have made us successful. As we enter 2013, I hope you will keep thinking of us whenever you know someone who needs:
Real Estate Litigation. This includes any disputes over properties, tenants, boundaries, quiet title, purchases and sales and more.
Partnership Litigation. Fights among business partners, co-owners, shareholders and family members are a large part of our practice. We can help both before a lawsuit is filed and after.
Business Litigation. We handle a variety of breach of contract actions and other business disputes.
Fraud. We have prosecuted and defended numerous fraud lawsuits.
Commercial Leases. We can help property owners and tenants with preparing and reviewing commercial leases.