Andrus
Andrus v. Estrada
Opinion
Opinion
Corrigan, J.
This appeal involves a dispute between lawyers for the litigants below. Plaintiffs’ counsel appeal, on their own behalf, from the court’s imposition of sanctions for the filing of a frivolous lawsuit. They allege the court’s order was unconstitutional, exceeded its jurisdiction, was defective in form, and was inconsistent with the court’s denial of sanctions to another defendant. We reject all four allegations and affirm the court’s imposition of sanctions.
Statement of Facts
On April 1, 1992, Lynn Andrus and Bret Bevilacqua (plaintiffs) entered into a written agreement with Miriam Wain and Miriam Wain Enterprises (hereafter jointly referred to as Wain) to rent a home in Pleasanton for $1,095, due on the first of each month. On July 9, 1992, Wain, through her attorney Armand Estrada (respondent), served plaintiffs with notice to pay rent or quit the premises within three days, alleging they had failed to pay the July rent. On July 14, Estrada filed, on Wain’s behalf, an unlawful detainer action against plaintiffs in the Livermore-Pleasanton-Dublin Municipal Court. Also on July 14, Wain received the July rent check from plaintiffs by mail postmarked July 2. Upon Wain’s…