- Practice Areas
The attorneys at Wagenseller Law Firm handle all types of business litigation lawsuits in Los Angeles and throughout Southern California. If you are looking for successful and experienced business litigation attorneys in Los Angeles, Wagenseller Law Firm can assist you. Our lawyers are well-versed in business law and litigation.
Not all ‘litigation attorneys’ actually have experience in trial or with some of the more complex legal issues that a business will confront in a business lawsuit. The attorneys at Wagenseller Law Firm have extensive business trial experience in a wide variety of business litigation cases. You will get attention from a lawyer who has been to trial and who has the experience to steer your lawsuit towards the best resolution.
Our Business Litigation Lawyers Have Successfully Handled Many Business Lawsuits
Probably the most common business litigation cause of action is breach of contract. Attorneys should be well versed in the both the basic requirements of a breach of contract action but also the specific statutes and regulations which apply to specific contracts. For example, while you may be involved in a breach of contract lawsuit with a business partner, your trial attorney should be aware of the requirements of California’s Revised Uniform Partnership Act or Limited Liability Act as well as they will affect how your contract will be interpreted.
Other causes of action related to contracts include interference with contract or interference with prospective economic advantage. These causes of action apply to situations where a third party unfairly and intentionally interferes with a contractual relationship. A knowledgeable attorney is important in determining whether an act involves a legally cognizable interference or whether it is just everyday competition.
Rescission is a request that the court undo the contract. Rescission is usually the remedy when a party if found to have committed fraud in the inducement of the contract. A rescission will put the parties back in the position they were before the contract was entered. However, rescission is not a remedy for the run-of-the-mill breach of contract lawsuit. For example parties who have entered into a contractual relationship and have been engaged in business cannot ask for rescission simply because the relationship has degenerated. Fraud in the inducement means that a party entered into a contract without ever having the intention of performing in the first place.
Sometimes a contractual relationship also includes a heightened duty of care between parties. This is often called a fiduciary duty. A breach of fiduciary duty is often found in partnership lawsuits. A fiduciary duty is a special relationship where one party is assumed in law to be able to repose trust and confidence in another. Not every contractual relationship involves a fiduciary duty and it is important to have a business litigation attorney who knows whether your relationship qualifies as a fiduciary relationship.
The partnership litigation attorneys at Wagenseller Law Firm have extensive experience handling all variations of partnership disputes. Partnership lawsuits are often highly emotional and involve strong feelings of betrayal. Often there is a strong desire to engage in destructive litigation without a clear resolution in mind. A partner involved in a partnership lawsuit should choose a partnership litigation lawyer who can be a strong proponent for his or her legal position. However, he or she also needs an experienced partnership attorney who can determine the best outcome and figure out a strategy for reaching that outcome. Litigation in itself is never an outcome. Litigation is simply a process (and not the only process) for getting what you really want. Our partnership litigation attorneys will analyze your lawsuit and formulate a strategy for reaching the best resolution for you.
Unpaid bills are perhaps the biggest source of business litigation in Los Angeles. An unpaid invoice may involve a simple breach of contract lawsuit but it may also involve California Commercial Code issues (commonly known as the UCC) or what are called common counts. Common counts include quantum merit, open book account and account stated, for example. A good business litigation attorney will be able to identify which potential causes of action apply to your situation and are appropriate to your lawsuit.
Fraud typically involves a misrepresentation in an effort to lure someone into doing something. The law does not hold that every breach of contract is also a fraud. Pleading fraud in a lawsuit requires more specificity than other business causes of action. Fraud can also involve concealment. In certain situations a party is understood to have an obligation to reveal material facts and, if they conceal those material facts, they can be liable for fraud. Fraud is a more difficult cause of action than is typically understood. A lie in itself may not rise to the level of fraud and this is often confusing to many clients. A plaintiff in a fraud lawsuit must also establish that he or she was not aware of the true fact and that he or she reasonably relied on the misrepresentation. There must also be damage. It is important in a fraud lawsuit that an experienced fraud lawyer analyzes the required elements of a fraud cause of action to see if each of the elements can be established. A viable fraud cause of action can also change the overall evaluation of the potential liability in a lawsuit because of the presence of punitive damages. The fraud lawyers at Wagenseller Law Firm have handled numerous fraud lawsuits for both plaintiffs and defendants and can help you evaluate your situation.
The Wagenseller Law Firm has experience handling a variety of business litigation matters.