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GARY A. WEXLER
Email: GaryWexler@Reish.com
Gary Wexler is a partner of the law firm of Reish Luftman Reicher & Cohen. He specializes in business and civil litigation in both State and Federal courts with emphasis in disputes related to business acquisitions, sales and dissolutions of closely held businesses, corporate and partnership disputes, contracts and commercial litigation, creditors' rights, real estate and business torts including unfair competition and trade secrets.
Areas of Practice
Business Litigation
Employment Law
Professional Experience
Prior to entering private practice, Gary served as a Deputy Attorney General for the State of California, litigating matters in public resources, land use control and environmental law.
Gary has represented clients in Federal and State Court injunction, writ of attachment and writ of possession proceedings, summary judgments, arbitrations, and court and jury trials in business and real estate matters, as demonstrated by the following cases:
- Defended majority partner of a real estate partnership against minority partner action for dissolution, accounting, breach of fiduciary duty and fraud. Successfully precluded significant claims and defensed others with no adjustments to majority partner's share.
- Represented ousted partner of a construction company, where primary asset was real property with title recorded in the name of the adversary. Litigated constructive trust, quiet title, dissolution and partition issues. Ousted partner awarded his proportionate share.
- Represented distributor against a successor supplier on claims of implied contract and promissory estoppel. The successor had acquired the rights of its predecessor in the written distributor agreement pursuant to an asset acquisition agreement, and had continued to do business with the distributor for years. At termination, the successor supplier denied the termination obligations of the written distributor agreement, based upon a previously undisclosed disclaimer of those obligations in the asset acquisition agreement. The trial court entered judgment in favor of the distributor against the successor supplier for the full amount of the contractual termination obligation pursuant to implied contract and despite the fact that the successor never signed or expressly assumed the distributor agreement.
- Defended real property breach of contract and specific performance claims, and successfully expunged notices of action pending (Lis Pendens).
- Represented plaintiffs in partition actions, and has secured interlocutory order of partition and confirmation of sale without necessity of formal trial.
- Represented respondents on appeal, including numerous motions to dismiss appeals. On one such motion to dismiss, secured award of sanctions against appellant in the amount of $50,000.
- Secured numerous injunctions, including prohibiting a governmental entity from awarding a construction contract to anyone other than his client (due to bidding irregularities).
- Represented debtors in possession in adversary actions, and in one such action secured injunctive relief prohibiting a manufacturer from terminating a debtor-in-possession's oral distributorship agreement, and from refusing, rejecting or delaying delivery on orders.
- Represented national manufacturer against former employees who set up a competing business by misappropriating proprietary formulas and utilizing valuable client lists. Secured injunctive relief and a judgment for damages. Pursued adversary action in ensuing bankruptcy and secured non-dischargeability order against one of the former employees.
- Litigated numerous corporate and partnership dissolution actions, including the applicability and/or non-applicability of restrictive covenants not to compete.
- Represented lenders and borrowers in judicial and non-judicial foreclosures, and defended actions for deficiency judgment.
- Prosecuted contract actions against corporate insiders on alter ego basis, and has successfully pieced the corporate veil at trial resulting in personal liability of adversary.
Gary is admitted to practice before the United States District Court, Central and Southern Districts of California, as well as the United States Court of Appeals for the Ninth Circuit. He is a member of the Business Law and Litigation Sections of the Los Angeles County and California Bar Associations. He is also a member at the America Bar Association. Gary is also a licensed real estate broker.
Education
Gary graduated Phi Beta Kappa from the University of California at Los Angeles, with a Bachelor of Arts degree, Summa Cum Laude, in 1969. He received his J.D. from the University of California at Los Angeles Law School in 1973.
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