Cases

Representative Cases & Trials

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

Specific Performance

Our real estate litigation attorneys won a motion for summary judgment for specific performance (i.e., ordering the sale of the warehouse to our client) on behalf of our manufacturing client against its landlord based on a breach of lease lawsuit in which the landlord refused to sell the building under a contractual option to buy. The court ordered the landlord to sell the building to our client on the terms set forth in the lease option to purchase. Our lawyers have handled numerous specific performance lawsuits over the purchase and sale of real property.

Lis Pendens

Our real estate attorneys won in both the trial court and the appellate court on a motion to expunge a lis pendens from our client’s 57-unit townhome development near downtown Los Angeles. Wagenseller Law Firm has both challenged and defended the use of lis pendens (or Notices of Pending Action) in real estate litigation, including in the California Court of Appeal. We have brought many motions to expunge lis pendens in the Los Angeles Superior Court and have been successful many times.

Real Estate Partnership Litigation

Our experienced partnership litigation attorneys successfully extricated a real estate developer in an alleged $1.8 million breach of partnership lawsuits. Our lawyers have been involved in a variety of real estate partnership litigation lawsuits.

Limited Liability Company Litigation

Los Angeles real estate involves many LLC lawsuits and our business lawyers have extensive experience in resolving member-on-member litigation arising out of real estate transactions.

Corporate Real Estate Litigation

Our business trial attorneys forced an unhappy corporate investor in our real estate developer client’s townhome development to dismiss its case against the developer and its principals. Our client paid nothing.

Breach of Purchase and Sale Agreement Litigation

A common source of litigation in the real estate world is a perceived breach or misunderstanding over the parties’ obligations under the purchase and sale agreement.

Partition

Our real estate litigation lawyers have handled numerous partition lawsuits between co-owners and often among family members. Because the court will simply order the sale of the property, partition lawsuits are best settled and we have successfully resolved partition lawsuits by negotiating buy-outs or sales of the property in question.

Breach of Lease

Our partnership litigation lawyers successfully persuaded a restaurant tenant to dismiss his lawsuit for breach of the lease against his landlord (and former business partner). We have handled breach of lease lawsuits for failure to pay, breach of the exclusive use provision and other disputes.

Boundary Lawsuits

The real estate litigation attorneys at Wagenseller Law Firm have handled many boundary disputes between neighbors.

Breach of Guaranty

Our business litigation attorneys won a breach of guaranty trial against a lawyer who guaranteed payment on a loan for the purchase of an industrial building. Judgment totaled $500,000.

Neighbor Lawsuits

Los Angeles neighbors often end up in litigation with their neighbors over boundaries, trees, fences, easements, adverse possession and other nuisances and claims. Our Los Angeles real estate attorneys can help you resolve these lawsuits.

Writ of Attachment

Our business litigation attorneys secured a writ of attachment against a Lease Guarantor’s Beverly Hills mansion worth $3.5 million, freezing the asset and prompting a quick settlement for the entire amount we demanded. Our client recovered all of the back rent owing plus its attorneys’ fees.

Stipulated Judgment and Full Repayment

In pursuing an industrial building tenant we negotiated full repayment of the back rent owing and protected the landlord with a stipulated judgment which, in the event that the tenant defaulted on the new payment plan, gave automatic judgment to our client. The tenant repaid the entire debt and our attorneys’ fees.

Mixed-Use Building Litigation

We represented the owner of a commercial space in a mixed use (commercial, residential condominiums and a senior citizen home) building in litigation by a residential owner relating to alleged noise by one of the commercial tenants. While the other defendants paid to settle, our client paid nothing.

Professional Negligence

Our real estate attorneys filed a lawsuit on behalf of our Hollywood Hills homeowner against his consultants for negligence in the entitlement and permitting process. We settled the case for a large payment to our client shortly before trial.

Partnership Dispute

Our attorneys orchestrated a partnership buy-out of a multi-million dollar shop at home television network.

Breach of Contract

Our business lawyers represented a start-up banking software company in litigation with its former patent lawyers regarding unpaid bills and a dispute over legal services.

Fraudulent Conveyance and Alter Ego

Wagenseller Law Firm was successful in having a fraudulent conveyance lawsuit against our clients dismissed. We later won an appeal in the California Court of Appeal.

Family Business Litigation

Our trial attorneys have handled numerous business litigation lawsuits among family members relating to businesses.

Breach of Guaranty

Our business litigation attorneys won a trial against a lawyer who guaranteed his corporation’s mortgage on an industrial building. The judgment totaled $500,000.

Corporate Litigation

Our law firm won a writ of mandate against a limited liability company who refused to produce its financial records to our client, an investor in the company.

Business Arbitration

Our business litigation lawyers won a judgment in an international business arbitration between our client, a Hong Kong based computer chip manufacturer, and a Russian based computer chip manufacturer.

Unpaid Invoices

Our experienced trial attorneys pursued two large subprime mortgage lenders on behalf of our national notary services client, winning a prejudgment writ of attachment and discovery sanctions before the defendants agreed to pay the entire amount we demanded.

Corporate Shareholder Litigation

The business litigation attorneys at Wagenseller Law Firm represented a document storage company in litigation with former shareholders and current creditors relating to unpaid promissory notes and alleged finders’ fees.

Breach of Agreement

We represented a car dealership in a breach of contract claim by a finance company.

Partnership Dispute

Our partnership litigation attorneys represented a computer consultant in a partnership dissolution.

Restaurant Partnership Dissolution

Our partnership litigation attorneys have represented numerous partners in restaurant partnerships which have resulted in litigation.
Negotiated a multi-million dollar, ten year lease for a restaurant client in a downtown Los Angeles office high-rise with retail component.
Drafted an Operating Agreement for a new Limited Liability Company developing a hotel in Arizona.
Negotiated a super graphic billboard on the side of our client’s building on Wilshire Blvd. A super graphic billboard is an advertisement which covers the entire building.
Negotiated a purchase and sale agreement for a $14 million apartment complex.
Negotiated on behalf of our condominium developer client with its construction lender relating to an extension of the loan.
Negotiated our start-up biotechnology client’s lease with its industrial warehouse landlord.
Revised and negotiated an employment contract for our CEO client with a large regional spa.
Completed review of real estate brokerage operations, including Department of Real Estate compliance, labor practices and contract review.
Drafted a LLC Operating Agreement for a mixed-use real estate development in the San Gabriel Valley.
Negotiated on behalf of our creative office building landlord for a lease to Sony studios.
Drafted a consulting agreement for our audit/accountant client for an independent contractor position.
Negotiated a contract between parties in the gas station pump top television advertisement industry.
Negotiated a lease for our client, a Benihana’s restaurant, with a restaurant landlord.
Negotiated a office lease for our national public relations company client.
Negotiated a resolution to a franchisor/franchisee payment dispute relating to a national tanning franchise.
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