Attorney James Kasper Ulwelling's Legal Cases

Real estate

Clemente v. Lajtay

Oct 06, 2015

OUTCOME: Defendant neighbor sold home and moved away

James represented a husband and wife who were unable to live in peace in their home due to the conduct of a next-door neighbor. James filed a complaint alleging invasion of privacy, trespass, and inten ... tional infliction of emotional distress. Rather than attempting to defend the lawsuit, the neighbor sold his home and moved away. A judgment taken against the neighbor by James' clients was paid from the proceeds of the sale.

Litigation

Brentwood Legal Services v. Corilant

Aug 17, 2015

OUTCOME: Judgment of dismissal entered in favor of defendant

An attorney sued his former client in Los Angeles County Superior Court, alleging the client had breached a fee agreement and defrauded the attorney. The complaint sought damages in excess of $1.2 mil ... lion. Representing the defendant, James successfully petitioned to move the case from court to private arbitration. Following binding arbitration proceedings, the arbitrator ruled in favor of James' client and dismissed the case.

Real estate

Purchase of residential property in Temecula, California by institutional trustee of special needs trust

Mar 23, 2015

OUTCOME: Facilitated successful closing of home in Temucula for beneficiary of special needs trust

James was hired by the Trust Division of Midland States Bank, headquartered in Milwaukee, Wisconsin. The bank served as the trustee of a special needs trust whose beneficiary wanted to purchase a home ... in California. The bank needed local counsel to assist with due diligence, contract review, title evaluation, and communication with other professionals. James worked with the real estate agents, title officer, insurer, home inspector and escrow agent to ensure that the bank's and the beneficiary's unique needs were understood and met. The transaction closed successfully to the satisfaction of all parties. James was similarly engaged by Midland States Bank to handle several other California purchases.

Civil rights

Compton v. Riverside County Sheriff's Department

Nov 20, 2014

OUTCOME: Award of $890,100

James and his partner, Omar Siddiqui, represented a client in a civil rights action, alleging that a sheriff's deputy used excessive force while effectuating an arrest. James and Omar took the case to ... trial before a jury in the United States District Court, Central District of California. The jury returned a swift verdict in favor of the plaintiff in the amount of $890,100, exclusive of costs and attorney fees. The jury also found that the deputy acted with malice, justifying an award of punitive damages.

Real estate

Shearer v. A-1 Pool & Spa, LLC

Apr 02, 2014

OUTCOME: Commercial property deeded to client in exchange for dismissal

James' client loaned a substantial sum of money to a family member and his business partner. Given that family was involved, normal legal formalities were not followed. One of the borrowers fell into ... financial and marital difficulty, and the business partners had a falling out. The borrowers stopped making payments. James' client had no choice but to file a lawsuit to recover the loaned money. The defendants eventually agreed to deed certain commercial property to James' client in satisfaction of the loan, resulting in a full case resolution.

Real estate

RBS Citizens, N.A. v. Medigovich

Aug 13, 2013

OUTCOME: Bank dismissed lawsuit against borrowers upon receipt of letter demand

RBS Citizens, a residential lender, filed a lawsuit against certain borrowers two years after a short sale. The bank alleged that the borrowers remained personally liable on the loan notwithstanding th ... e short sale. James wrote a detailed letter to counsel for the bank, citing to Civil Code section 580b and recent case law, explaining why the borrowers were not liable for the debt. The bank promptly dismissed the suit.

Banking

Harriman v. Sunfield Financial (Appeal)

Mar 25, 2013

OUTCOME: Appeal by opposing party voluntarily dismissed after briefs filed

After James' client, the defendant, won a judgment of dismissal in Solano County Superior Court, the plaintiff filed an appeal with the 1st Appellate District. After submission of plaintiff's opening ... brief and James' opposition brief, the plaintiff/appellant voluntary dismissed her appeal, ending the case.

Real estate

DeFrancesco v. Sustayta

Mar 15, 2013

OUTCOME: Defendant agreed to sell property to plaintiff buyer within two months of filing complaint

James was hired by the buyer of commercial property after the seller tried to cancel a pending escrow. James filed a lawsuit for specific performance, seeking to compel the seller to complete the tran ... saction. James also recorded a lien (lis pendens) against the property. The case quickly settled after the seller reversed course and agreed to complete the sale. James' client now owns the property.

Business

Screen Actors Guild, Inc. v. Beauty Shop, LLC

Jan 29, 2013

OUTCOME: Won motion vacating judgment against film director

SAG (Screen Actors Guild) obtained an arbitration award for $146,000 against a film production company and a movie director. Following the arbitration, SAG entered judgment against the director in LA ... County Superior Court. James and his legal team brought a successful motion to vacate the judgment, arguing that the arbitrator erred by finding that the director was subject to the arbitration provision in the SAG contract. As a result, the judgment against James' client was thrown out.

Business

Alegria v. Burbidge

Apr 24, 2012

OUTCOME: Obtained judgment of dismissal after successful FRCP 12(b)(6) motion

James' client and numerous other defendants were sued in federal district court. Plaintiff alleged violations of the Federal Trade Commission Act and breach of an internet marketing agreement. James ... and his associate, Daniel Josephson, filed a motion to dismiss, challenging the complaint on the grounds that plaintiff had failed to allege a valid legal theory and that a total defense to the action appeared on the face of the pleadings. The court granted the motion, resulting in an order dismissing James' client from the case.

James Kasper Ulwelling's Legal Cases (31)

Clemente v. Lajtay

Brentwood Legal Services v. Corilant

Purchase of residential property in Temecula, California by institutional trustee of special needs trust

Compton v. Riverside County Sheriff's Department

Shearer v. A-1 Pool & Spa, LLC

RBS Citizens, N.A. v. Medigovich

Harriman v. Sunfield Financial (Appeal)

DeFrancesco v. Sustayta

Screen Actors Guild, Inc. v. Beauty Shop, LLC

Alegria v. Burbidge