Nathan Wirtschafter

Nathan Wirtschafter

California Business Litigation and Business Collection
  • Business Law, Collections
  • California
Claimed Lawyer ProfileQ&ASocial Media
Biography

Nathan D. Wirtschafter, Corp. is a business litigation firm. We represent clients in California’s state and federal courts, as well as in arbitration and mediation. We represent large companies, small businesses and individuals. Our work is informed by over decades of litigation practice, encompassing hundreds of cases and disputes. The firm is committed to being personable, professional, and effective. We are consistent, ethical, highly skilled, and tenacious. We strive to find the best strategy to help our clients achieve their goals as quickly as possible within a budget that fits their needs. We recommend practical and innovative solutions. We do our work diligently and on time. Our focus is to continue with the practices and strategies that have been successful in the past, while trying to improve on things that can be done better. We trust and believe in our work and the future. Our attorneys ask “what can I do today?” to make your case. As such, we sustain a high-level of motivation to provide excellent personal service. We invite you to learn more about our professionals and the services we provide. We welcome the opportunity to discuss with you how we can make your case in California. Please contact us via email (ndw@ndwlaw.com) or by telephone at (818) 660-2518 for more information. (Disclaimer: This is attorney advertising by Nathan D. Wirtschafter, Corp. This communication is designed for general information only. The information presented should neither be construed to be formal legal advice nor the formation of a lawyer/client relationship. This communication does not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.)

Practice Areas
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Collections
Additional Practice Areas
  • Business Litigation
  • Commercial Litigation
  • Commercial Collections
Fees
  • Rates, Retainers and Additional Information
    Contingency fees available on certain matters.
Jurisdictions Admitted to Practice
California
Placeholder image for jurisdictions.
Languages
  • English: Spoken, Written
Professional Experience
Trial Attorney
Nathan D. Wirtschafter, Corp.
Current
Education
Loyola Law School, Los Angeles
J.D. (1995) | Law
-
Published "Fourth Quarter Choke: How the IRS Blew the Corporate Sponsorship Game," 27 Loy. L.A. L. Rev. 1465 (1994).
Honors: Student Body President; Day Division 1993-94
Activities: Editor, Loyola of Los Angeles Law Review
Loyola Law School, Los Angeles Logo
Johns Hopkins University
B.A. (1990) | History
-
Johns Hopkins University Logo
Loyola College
M.A. (1990) | History
-
Masters thesis entitled "Peter Drucker: Apostle of Modern Management."
Placeholder image for education.
Professional Associations
State Bar of California
Member
- Current
Placeholder image for professional associations.
Websites & Blogs
Website
Firm website
Legal Answers
24 Questions Answered
Q. I need a lawyer to help collect on a claim I filed at Stanley Mosk for 186k
A: Successful collection of a judgment depends on gathering of information, thorough evaluation, and competent execution. The attorney first gathers all available information from the creditor including: bank account information, list of possible assets, a description of the debtor's business, information about real and personal property, copies of cancelled checks, and so forth. If possible, the creditor should provide: all names used by the debtor, social security numbers, date of birth, phone number and other personal information. The attorney can also send out post-judgment written discovery, such as interrogatories or requests for production. In addition, the debtor may be forced to appear for a judgment debtor examination. (Cal. Code Civ. Proc. 708.110). A debtor's failure to provide discovery or appear a debtor's examination is grounds to be found in contempt of court. Second, the attorney evaluates the information to determine what assets can be seized. Third, the attorney uses various legal techniques to enforce the judgment. For example a wage garnishment allows seizure of current and future wages. A writ of execution allows the seizure of bank account assets. An abstract of judgment secures interests in real property. A judgment may also be amended to add non-party alter ego defendants or simply to add additional names that the debtor uses. (Cal. Code Civ. Proc. 187). However, the most important factor is patience. The plain truth is that it can take years to collect.
Q. I need to know if I can get out of contract. Possible fraud.
A: To prove fraud you must show: (a) a misrepresentation (false statement, concealment or nondisclosure); (b) "scienter," which means knowledge of falsity; (c) intent to induce reliance; (d) justifiable reliance; and (e) resulting damage. Fraud in the inducement is a type of fraud which occurs when the promisor knows what he is signing, but his consent is induced by fraud, meaning that there is no mutual assent, and the contract is voidable. Generally speaking, where there is fraud, the damaged party can ask for either damages or rescission. Damages means payment of money. Rescission restores the parties to the status quo prior to entry into the contract, and, often involves a refund. A defense to fraud is that the allegedly false statement was not material. Another defense is that the statements were exaggerated sales-talk, which no reasonable person would take as factual. To recover for breach of contract, you would need to show: (a) an enforceable contract; (b) that you performed all, or substantially all, of the things you were required to do; (c) that the defendant breached the contract; and (4) that the breach caused you harm.
Q. I what to incorporate so as to give an Artificially Intelligent agent legal rights as a corporation, is that possible?
A: I think that if you obtained consent from the Shareholders, Board of Directors and Officers, certain decisions might be made via AI. It's certainly an interesting concept. However, a corporation does not always protect ownership from personal liability. In other words, the court could still hold the humans responsible for certain kinds of corporate misconduct. For example, if the company used AI to make decisions that produced a car with an exploding gas tank, it's the humans who are going to be liable, along with the programmers.
View More Answers
Social Media
Contact & Map
16501 Ventura Boulevard
Suite 610
Encino, CA 91436
Telephone: (818) 660-2518
Fax: (818) 450-0660