Where Have We Been?

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It has been awhile since our last email update. January, February and March were extremely busy months. Here is a recap of the first quarter.

Writ of Mandate Granted. We brought a writ of mandate against a California Limited Liability Company that manufactures car seats. Our client is one of the original investors in the Company. Although the Operating Agreement required that the Company allow its members to inspect the books and records of the Company, the Company refused to allow this. The solution: A writ of mandate compelling the Company to produce all of its books and records. The result: Our writ of mandate was granted, the Company was ordered to produce (and did produce) all of the requested financial and operating documents. The court also imposed sanctions on the Company payable to our client.

Demurrer Sustained Without Leave To Amend. When our client was sued for a second time by the plaintiff, we challenged the plaintiff’s complaint, arguing that the dismissal with prejudice and settlement agreement barred any further lawsuits on the same issues. In law this is called res judicata. The court held two hearings on the demurrer and heard lengthy argument. The solution: A demurrer at the beginning of the case asking that the case be dismissed. The result: The court sustained (granted) our demurrer without leave to amend, meaning that the case was dismissed. We have an appeal in a different case on this same res judicata issue. Our brief is due this month.

Motion to Expunge Lis Pendens filed. In a lawsuit against our client to collect on a loan made on an oral promise, the plaintiff recorded a lis pendens against the property. A lis pendens is appropriate when the ownership or possession of the property is at stake, but it may not be used to secure future potential judgments before a trial. Moreover, the lis pendens prevents our client from selling his property. The solution: We have filed a motion to expunge the lis pendens, which will be heard this month. The result: Find out in our next newsletter but we are confident that the law is on our side.

Settlements. Of course, our clients’ goals are not to litigate for the sake of litigating. Their goals are to reach resolutions that makes sense–whether by trial or settlement. We have settled a number of disputes lately, including (1) a buy-out by our client of his partner in their television shopping network company, (2) a settlement by a family trustee in a dispute with an heir (and relative) in a property dispute, (3) a buy-out of our client in a computer consulting business, and (4) the sale of property by my clients to their sister/aunt in a family dispute. Last week we had a mediation on behalf of our client, a banking software company, that lasted until 10:30 at night but unfortunately has not settled yet.

We continue to work on a professional negligence case against a real estate entitlements consulting company, a law partnership dissolution, a quiet title action, a downtown property lawsuit and other lawsuits on behalf of our clients. How can we help you?

Sadly my mother passed away on February 7, just shy of her 76th birthday.  Here is a link to her obituary which outlines her incredible and full life. We had a nice celebration of her life with many of her friends and then a beautiful service at Forest Lawn in Glendale.  She joins my dad, who passed away in July.
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1.  Everyday remind yourself that you did some things well.  Don’t dwell on what didn’t work or the tasks you didn’t finish.  Focus on what you did accomplish.

2.  Read inspiring biographies and autobiographies.  Build a file of stories that inspire you. Find out about people who started with nothing or who had devastating setbacks, and still found a way to win.

3.  Be thankful.  No matter how bad your circumstances, there’s probably someone worse off than you.

4.  Build excellent support around you.  Work on building your relationships.

5.  Push yourself to accomplish short-term goals.  There’s no greater way to build confidence than getting things done.  Focus on your three most important targets.  Everyday do something that moves you closer to finishing a project, closing a sale or expanding a relationship.

6.  Do something for yourself every week.  Find a way to celebrate your weekly achievements.

–From The Power of Focus (Canfield, Hansen and Hewitt)



How can we work together to meet the right people and build our businesses?

We are blessed to have so many colleagues who refer us real estate and business litigation work.  In the new year we want to pay it forward and be more intentional about introducing our friends to each other.  Give me a call and let’s talk about how we can work together to build our businesses this year.

Check out our new website at www.wagensellerlaw.com!

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