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Misconceptions About Prescriptive Easements

April 20, 2022

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 garden-variety residential boundary disputes.  Case after case has affirmed the general rule:  the law accords determinative effect to the …

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Partition Attorney Insights: Partition And The Right Of First Refusal

March 2022

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 and throughout California is governed by California’s Code of Civil Procedure.  Los Angeles lawyers who handle …

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The Nature of California Partnerships

February 2022

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 treated his limited partners.  For all of the legal concepts that real …

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Laine Wagenseller Selected Again As A Super Lawyer

February 2022

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, evaluations and independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional …

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Partnership Buyout in California: California allows for partnership buyout in lieu of partnership dissolution

January 2022

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’s Corporation Code and its provisions regarding the partnership buyout procedure. This code section provides that in a suit for …

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Family Feud: A Real Property Lawsuit Among Family Members

November 2021

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 often find themselves mired in complicated family relationships.  The complicated family relationships often lead to complicated legal issues.  In …

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From a Partition Attorney: Partition Actions, Judgment Liens and Priority

November 2021

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 court dealt with what it calls a straightforward issue:  In a partition action, …

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