Attorney James Kasper Ulwelling's Legal Cases

Real estate

Zelada v. Magdesian

Nov 14, 2024

OUTCOME: Obtained defense judgment after trial and prevailed on client's cross complaint against plaintiff

This case involved a real estate partnership formed to create and sell a new one-acre parcel of raw land in Diamond Bar. When the project did not work out, one partner sued James' client for breach of ... contract, seeking to recover costs he had incurred in the unsuccessful venture. After trial, the court ruled against the plaintiff and in favor of James' client. The plaintiff received nothing on his complaint, whereas James' client won on his cross complaint against the plaintiff. The court held that plaintiff himself was the only party who breached the contract.

Real estate

Loekman v. Cheng

Feb 08, 2024

OUTCOME: Obtained defense judgment after trial

James represented defendant, a real estate broker, who was sued for an alleged fraudulent transfer of real property located in Duarte, California. Plaintiff claimed that defendant and a third party, a ... judgment debtor, had conspired to transfer title to the Duarte property into defendant’s name and then sell it, to thwart plaintiff’s collection efforts against the debtor. After trial, the court ruled against plaintiff and in favor of James' client. The court found that James' client had paid full value for the property and that subsequent transfers were merely consideration for a former debt, and were not fraudulent. The plaintiff received nothing against James' client, whereas James' client recovered out-of-pocket costs incurred in defending the lawsuit.

Real estate

Commercial lease negotiation

Jun 21, 2019

OUTCOME: Succesfully negotiated long-term lease with retail chain of shoe stores, significantly enhancing value of client's property

James represented the landlord in lengthy lease negotiations with WSS, a large retail chain of shoe stores. Although WSS insisted on using its form lease, James successfully negotiated numerous modific ... ations, working closely with the client's broker, to gain important concessions for the client. The net result of the process was a favorable lease significantly increasing the value of the client's property .

Litigation

Ochoa v. Elite Slides

May 30, 2019

OUTCOME: Successful defense resulting in unconditional case dismissal

James served as co-counsel in a complex case venued in Los Angeles County Superior Court, representing a family-run company and related parties. The plaintiff was a former employee who claimed harassme ... nt and discrimination. He sought sizeable monetary damages, punitive damages and attorney's fees. James and his co-counsel brought a series of technical motions challenging the timeliness of plaintiff's case and the validity of plaintiff's service of summons. This strategy was a complete success, eventually resulting in plaintiff dismissing the entire action, with James' clients paying nothing.

Litigation

Mohamed Saiful Islam v. Mahfuz Alam, et al.

May 03, 2018

OUTCOME: Summary judgment motion granted

James' client, a real estate agent, was sued for allegedly participating in a conspiracy to defraud the plaintiff. James took the plaintiff's deposition, conducted written discovery, and then brought ... a motion for summary judgment. James argued that all causes of action against his client should be thrown out before reaching trial, because there was insufficient evidence for any reasonable juror to conclude that his client could be held liable. The judge agreed. The motion for summary judgment was granted, resulting in James' client being completely removed from the lawsuit.

Real estate

Daisy Leminh Vu Do v. Dean Van Bastelaar

Dec 29, 2017

OUTCOME: Arbitration award of specifc performance confirmed by court

James' clients were a husband and wife seeking to purchase a new home in Torrance. They entered into a contract but the seller refused to complete the transaction, arguing that the buyers had failed t ... o close the escrow on time. James' clients went to binding arbitration and prevailed. The arbitrator entered an award requiring the opposing party to complete the sale at the contract price, and to fully reimburse James' clients for their attorney fees and costs. James then successfully petitioned the Los Angeles County Superior Court to confirm the arbitration award and enter a judgment.

Litigation

Kahman v. Sea Harbour Homeowners Association

May 31, 2017

OUTCOME: Won defense judgment in case against HOA

This case involved a lawsuit filed against an HOA in Huntington Beach, California. The plaintiff, a homeowner, claimed that the HOA improperly denied his architectural request, interfered with his cons ... truction project, and caused him emotional distress. James immediately filed a motion, called a "special motion to strike," which resulted in the lawsuit being dismissed and a judgment being entered in favor of the HOA, including an award of costs and attorney fees. James ultimately collected on the judgment in favor of the HOA.

Litigation

Confidential Plaintiff v. Confidential HOA

Nov 30, 2016

OUTCOME: Confidential mid six-figure settlement paid to plaintiff

This case involved a lawsuit by a homeowner against an HOA located in Riverside County, California. James represented the plaintiff, who alleged that the HOA wrongfully arrested her, unlawfully exclude ... d her from board meetings, and subjected her to campaign of harassment. After extensive litigation, the case resolved favorably, with James' client being paid a settlement in the mid six figures.

Real estate

Myers v. The Retreat Homeowners Association

Sep 27, 2016

OUTCOME: Judgment ordering court-supervised elections entered in favor of plaintiffs

James filed a lawsuit on behalf of a group of homeowners who alleged that elections run by their HOA were rigged. James brought a successful motion, arguing that the HOA misapplied its rules for votin ... g by proxy, resulting in hundreds of ballots being improperly discarded. The court voided the results of the election and ordered a new election under the supervision of a neutral third party. The new election resulted in the defeat of the sitting board. James' clients recovered a substantial portion of their costs and attorney fees.

Real estate

Confidential purchase of historic residential property in Culver City, California

Jan 12, 2016

OUTCOME: Successful pursuit, negotiation and closing on historic residential property

In this unique case, James' client wanted to purchase an adjacent home in Culver City with the intention of eventually moving his in-laws or other family members into the home. The challenge, however, ... was that the adjoining home was a rental, the owner could not be located, and the owner's interest in selling was unknown. James tracked down the owner, delicately persuaded her to sell the property, drafted the contract documents, and facilitated the transaction through closing. James' client was pleasantly surprised that his dream of purchasing the neighboring property became a reality. The seller was pleased with the deal as well, since James' client honored her wish to preserve the original character of the property.

James Kasper Ulwelling's Legal Cases (31)

Zelada v. Magdesian

Loekman v. Cheng

Commercial lease negotiation

Ochoa v. Elite Slides

Mohamed Saiful Islam v. Mahfuz Alam, et al.

Daisy Leminh Vu Do v. Dean Van Bastelaar

Kahman v. Sea Harbour Homeowners Association

Confidential Plaintiff v. Confidential HOA

Myers v. The Retreat Homeowners Association

Confidential purchase of historic residential property in Culver City, California