Laine T Wagenseller

Attorneys’ Fees In Partition Lawsuits

Allocating attorneys’ fees in partition lawsuits in California has always been somewhat mysterious. In a new published opinion by the California Court of Appeals, the court has not added any certainty to how attorneys’ fees will be allocated among the wa... Read >

Adverse Possession by Tenants-In-Common

A recent real estate litigation lawsuit before the California Court of Appeals case addressed an attempt by a co-tenant in undeveloped land to claim adverse possession against the other co-tenants. In Hacienda Ranch Homes, Inc. v. Superior Court of San J... Read >

Attorneys’ Fees In Partition Lawsuits

Allocating attorneys’ fees in partition lawsuits in California has always been somewhat mysterious. In a new published opinion by the California Court of Appeals, the court has not added any certainty to how attorneys’ fees will be allocated among the wa... Read >

Adverse Possession by Tenants-In-Common

A recent real estate litigation lawsuit before the California Court of Appeals case addressed an attempt by a co-tenant in undeveloped land to claim adverse possession against the other co-tenants. In Hacienda Ranch Homes, Inc. v. Superior Court of San J... Read >

Business Litigation And Attorneys’ Fees

In California attorneys’ fees in business litigation can be recovered pursuant to a contract or a statute. In other words, lawsuits for breach of contract may involve a contract that provides for the award of attorneys’ fees to the prevailing party. Oth... Read >

Shopping Center Leases: Exempting The Landlord From Liability

Landlords and real estate attorneys drafting commercial leases often include clauses providing for the exemption of the landlord from liability for negligence and damages to the tenant. A recent California Court of Appeals case addressed the governing p... Read >

Real Estate Litigation 101: Quiet Title Actions and Defaults

Quiet title actions in California are unique in that the California Code of Civil Procedure does not allow a real estate attorney to get a default judgment in a lawsuit. What Is A Quiet Title Lawsuit? Real estate attorneys bring quiet title lawsuits... Read >

Exclusive Use Provisions in Commercial Leases

Tenants entering into commercial leases for retail shopping centers often request an exclusive use clause. An exclusive use provision is intended to protect a tenant from competitors who sell the same goods (i.e., no other bakeries in the shopping center... Read >

Business Litigation in Los Angeles: What Can You Expect?

Business lawsuits in the Los Angeles Superior Court follow certain timelines and procedures. While many of the procedures are similar throughout California courts, this article is geared towards explaining what to expect when you are a party to business ... Read >

Partnerships: What Are Your Legal Obligations?

Business partnerships are a source of numerous lawsuits. Business litigation attorneys are accustomed to hearing the complaints of one partner about another partner—my partner does not work as hard, my partner has another business that competes for his t... Read >

Partition of Real Property in Los Angeles

Los Angeles real estate attorneys often deal with partition lawsuits where co-owners of real property decide they cannot be co-owners anymore. Oftentimes the co-owners are family members—brothers and sisters, parents and children. Sometimes they are old... Read >

Business Litigation: Intentional Interference With Contract

Business attorneys must often deal with claims of intentional interference with contract between competitors. Where a breach of contract lawsuit deals with a contract between two parties, a claim of interference with contract deals with a situation where... Read >

Mediation in Business Litigation

Business litigation lawyers (and their clients) should always explore the idea of mediation during litigation. Regardless of the type of business lawsuit--corporate litigation, breach of contract, unfair competition, employment, partnership disputes--lit... Read >

Real Estate Litigation: California’s Agreed-Boundary Doctrine

The most common real estate litigation between neighbors are boundary disputes between their adjacent properties. Real estate attorneys who deal in neighbor-on-neighbor boundary lawsuits can attest that, of all types of property litigation, boundary liti... Read >

Neighbors, Fences and Boundaries

Boundary disputes between neighbors are one of the more common reasons for real estate litigation. The most typical boundary lawsuit arises from the discovery that a fence or wall built many years earlier is not located on the legal boundary between the ... Read >