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Neighbors And Easements In Boundary Disputes

August 17, 2022

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 and easements in their latest decision.  In Romero v. Shih (2022) 78 Cal.App.5th …

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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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Corporate Fraud Lawsuits:  The Role of The Corporation In A Derivative Lawsuit

October 2021

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 corporation.  Or Members who loot the LLC.  Their tortious conduct can include stealing or embezzling money from …

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