Legal Opinion

Urick v. Urick

California Court of Appeal, 5th District

Decided October 5, 2017No. B278257PublishedCited by 7 opinions

1Opinion of the CourtKriegler, Acting P.J.

*1185A beneficiary filed a petition for instructions as to whether the "no contest" clause of his mother's trust had been violated *1186after his sister sought to reform the trust to eliminate his interest. The sister, in her capacity as trustee, filed a special motion to strike the petition under Code of Civil Procedure section 425.16 (the anti-SLAPP statute),1 which the probate court granted. On appeal, the brother recognizes that petitions to enforce a no contest clause under the Probate Code necessarily satisfy the first step of the anti-SLAPP analysis, because they are based on protected…

2Cases cited13 opinions

  1. Equilon Enterprises v. Consumer Cause, Inc.California Supreme Court · 2002
  2. Lazar v. Superior CourtCalifornia Supreme Court · 1996
  3. Baral v. SchnittCalifornia Supreme Court · 2016
  4. Taus v. LoftusCalifornia Supreme Court · 2007
  5. Park v. Bd. of Trs. of the Cal. State Univ.California Supreme Court · 2017

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3Cited by7 opinions

  1. Key v. Tyler, California Court of Appeal, 5th District2019
  2. 1550 Laurel Owner's Ass'n, Inc. v. Appellate Div. of the Superior Court of L. A. Cnty., California Court of Appeal, 5th District2018
  3. 1550 Laurel Owner's Assn., Inc. v. App. Div. of Superior CourtCalifornia Court of Appeal · 2018
  4. Cal. Dept. of Tax and Fee Administration v. Super. Ct.California Court of Appeal · 2020
  5. Key v. TylerCalifornia Court of Appeal · 2019

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