Wagenseller Law Firm

As a real estate litigation attorney, I often receive calls in which potential clients want me to record a lis pendens in order to force someone else to pay money or settle a dispute. There are many misunderstandings about when a lis pendens (or Notice of Pending Action) is appropriate. Here are a few things to remember...

What is cancellation of instrument versus quiet title? How do you get rid of a fraudulently filed Deed of Trust on your property? Learn something new by clicking below...... We are experienced Los Angeles real estate litigation lawyers...

I am honored to be chosen again as a Super Lawyer. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. This is my 6th year as a Super Lawyer. Click below to find out more.

I just got off the phone with an investor who put $80,000 into a marijuana project with people she didn't know. Things have fallen apart and she is trying to figure out how to get her money back. Then I saw this article. Maybe I just see a lot of this because I am an attorney but I do see a lot of investors who are finding random opportunities online and who aren't doing enough due diligence to ascertain whether everything is above board. Do your due diligence!

Litigation update for trial attorneys: Parties responding to an inspection demand will no longer have the option of producing documents as they are kept in the usual course of business. Instead, when produced, the documents shall be identified with the specific request number to which the documents respond. Code Civ. Proc. Section 2031.280(a).

Cynthia Flynn, lawyer and businessperson extraordinaire, gave me this book and I am really enjoying it. It deals with vision, handling staff, using a report card to hold yourself accountable (measuring progress) and more. The accountability part is my number one goal in the new year. My business coach Tim O'Brien came over yesterday and we fleshed out my goals for 2020 and talked about accountability. His Epic Mastermind program is instrumental in my success. I can't wait for the new year!

Partnership litigation--like family litigation--is fraught with an emotional element that overshadows the legal element. You are much more likely to elect "fight to the death" than "settlement". Here are three basics to think about: (1) What is your desired end result?, (2) What is the game plan to get there?, and (3) How much will it cost to make that happen?

I was at the Rose Bowl doing some wind sprints on the field today... er, actually attending Bill Ukropina’s incredible holiday party in the UCLA locker room. Barry Corey of Biola University talked about his book Loving Kindness. Plus I just got to see so many friends, including Susan Barilich, Greg Anderson, Dave Knight, Lloyd Greif, Charles Stanislawski, Wanda Dorgan and more (sorry to leave you off the list). Bill is the premier commercial real estate broker for Colliers in Pasadena and throws a terrific holiday lunch.

I have been dealing with a really interesting real estate case. One of the issues is "exclusive possession" for adverse possession. Do you need to exercise exclusive possession over a piece of property in order to adversely possess it? What if a third party who drives over a portion of the property claims an access easement? Can they, as a third party, defeat a claim for adverse possession against the owner even if they themselves cannot make a claim for adverse possession? Or can you claim ownership subject to the easement?

I had a terrific lunch with Greg Anderson and Andy Dick today. Greg is a real estate transactional attorney who can help with purchase and sale agreements, leases and other real estate contracts. Andy does business-purpose private money secured by real estate. I loved hearing Greg's story about his experience in real estate development. These guys combined have a lot of real estate industry knowledge so I feel smarter just having been around them. I am impressed by and trust their expertise.

"Before title may be acquired by adverse possession as between co-tenants, the occupying tenant must bring home or impart notice to the tenant out of possession, by acts of ownership of the most open, notorious and unequivocal character, that he intends to oust the latter of his interest in the common property. This evidence must be stronger than the evidence required to establish a title by adverse possession in a stranger. The Court held that, in short, one tenant in common cannot by mere exclusive possession acquire the title of his co-tenant."

Choose forceful words. Jurors are not offended if you speak bluntly--so long as what you tell them proves true. The last thing they want to hear is a weak-kneed lawyer tiptoeing around the truth. Choose words that are forceful, descriptive, and down-to-earth--words that sell your case and undermine your opponent's. For that reason, your opponent never "says" anything about a significant issue. She "claims" or "wants you to believe." She never "agrees"; she "admits." Defense counsel never "offers a defense." She "comes up with a bunch of excuses" and "won't accept responsibility." The defendant didn't "commit fraud." He "betrayed" your client and "stabbed him in the back." The Trial Lawyer: What It Takes To Win by David Berg

I got to catch up with these titans of commercial real estate at ACRE’s Capital Markets luncheon. Tom J. Lagos of JLL moderated, Glenn Rudy of Newmark opined and then afterwards we got to catch up on old times. Carlos Lopez of Hanley Investment Group, Jimmy Slusher of CBRE and Patrick Luther of SRS Real Estate Partners also spoke. A great event! (And thanks to Michelle Rodriguez Lagos, leasing attorney extraordinaire with Trudi Lesser’s office for taking the photo. Tom was worried I would post it to social media but this is going to make him famous...).