Key v. TylerAnnotate this Case
Plaintiff appealed the probate court's order striking her petition to enforce a no contest clause in a trust under the anti-SLAPP statute, Code of Civil Procedure 425.16, and denying her motion to recover attorney fees.
The Court of Appeal agreed with the probate court, and with a recent decision by Division Five of this district, that the anti-SLAPP statute applies to a petition such as plaintiff's seeking to enforce a no contest clause. However, the court held that plaintiff adequately demonstrated a likelihood of success under the second step of the anti-SLAPP procedure. In this case, defendant's judicial defense of the 2007 Amendment to the Trust that she procured through undue influence met the Trust's definition of a contest that triggered the no contest clause. Furthermore, under sections 21310 and 21311, that clause was enforceable against defendant. The court also held that plaintiff provided sufficient evidence that defendant lacked probable cause to defend the 2007 Amendment. The court held that the findings of the probate court concerning defendant's undue influence, which this court affirmed, provided a sufficient basis to conclude that plaintiff has shown a probability of success on her No Contest Petition. Finally, the court held that plaintiff had the contractual right to seek reimbursement of her attorney fees incurred in resisting defendant's appeal of the probate court's ruling invalidating the 2007 Amendment. Accordingly, the court reversed and remanded.