Richey v. Western Pacific Development Corp.

OPINION

HATHAWAY, Judge.

Appellees were granted summary judgment on their amended counterclaim charging appellants with wrongful filing of a lis pendens.

The undisputed facts disclose that appellants brought suit to collect a real estate commission from appellees, and on November 30, 1983, summary judgment was entered in appellants’ favor and against Western Pacific for the underlying commission in the amount of $8,000. Shortly after commencing the lawsuit, appellants filed a lis pendens which gave notice of the lawsuit and stated that “[T]he Plaintiff is seeking to enforce rights which may…