Trial Victory!

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We are pleased to announce that Laine Wagenseller and Wagenseller Law Firm have emerged victorious in a trial between disputed owners of a Los Angeles property.

The Lawsuit. Plaintiff sued his brother (our client), alleging that he was the true owner of our client’s home. Plaintiff claimed both that he had contributed the down payment at the time of purchase and that he had later entered into an oral agreement to split ownership of the property as forgiveness for a loan.

The Trial. We appeared for trial before Judge Robert Hess in the Los Angeles Superior Court for a three-day court trial. Both parties and various family members testified.

Did You Know? Evidence Code section 662 states that the owner of legal title to property (i.e., the person on the deed) is presumed to be the full owner of the full beneficial title. This presumption may be rebutted only by clear and convincing evidence.

The court found the burden of proof to be dispositive in this case. Although the court found credibility issues on both sides, the plaintiff was unable to prove his claims of ownership. Judgment was entered in our client’s favor and we were awarded costs.

We are pleased to secure this victory for our client. We handle many real estate lawsuits between family members. These lawsuits include co-owner and partnership disputes, resulting trust, breach of contract, quiet title and other claims involving real property. How can we help you with your real estate law needs?

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