Env’t Specialist, Inc. v. Wells Fargo BankAnnotate this Case
Plaintiff filed a compliant against Defendants in order to enforce a mechanics lien. Wells Fargo was named in the complaint because it was the trustee and secured party of certain property. Wells Fargo filed a motion for leave to file answer out of time and requested its fees and costs incurred with regard to the motion. The trial court granted Wells Fargo’s motion and ordered Plaintiff’s counsel to reimburse Wells Fargo’s counsel $1200 for fees and costs incurred regarding the motion for leave to file answer out of time. The trial court also granted Plaintiff’s motion for default judgment against Defendants. In its final order, the trial court stated that the mechanics lien had been released and that it had issued the $1200 sanctions award against Plaintiff’s counsel for its failure to voluntarily extend the time in which Wells Fargo might file its answer. The Supreme Court reversed the trial court’s judgment regarding sanctions, as Plaintiff’s counsel did not engage in behavior that could be characterized as unprofessional, an ethics violation or behavior that is subject to statutory sanctions.