Maxwell v. Deutsche Bank National Trust CA1/2
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 sanction
Comments on Maxwell v. Deutsche Bank National Trust CA1/2