Maxwell v. Deutsche Bank National Trust
Plaintiffs Morris S. Maxwell and Shawn R. Maxwell (plaintiffs) sued defendants Deutsche Bank National Trust Company, as Trustee, and OneWest Bank N.A. (OneWest) (together, defendants) after defendants foreclosed on their home in San Mateo County, California. They seek reversal of the trial court’s order that plaintiffs pay defendants $17,685 in attorney fees as sanctions under Code of Civil Procedure section 128.7 for filing their lawsuit for an improper purpose, as well as reversal of the trial court’s order sustaining defendants’ demurrer to plaintiffs’ complaint without leave to amend. Plaintiffs make a variety of arguments, including that the trial court should not have ordered sanctions against them because they were merely following their counsels’ advice in filing suit and should have allowed plaintiffs leave to amend their complaint. We conclude plaintiffs’ arguments lack merit and affirm the rulings appealed from. We deny defendants’ motion for sanctions under
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