Dae v. Traver
The court held that, because the trustee made a prima facie showing that he is likely to prevail on his no-contest claim, the plaintiff's anti-SLAPP motion to strike was denied, thereby establishing that in probate litigation a party asserting a no-contest provision must first demonstrate a probability of success before an anti-SLAPP motion can bar the underlying petition.
Date Filed: September 27, 2021
Case Name: Dae v. Traver
Case Number: B305834
Court: California Court of Appeal, Second Appellate District, Division Two
(‘The court decides whether a trustee’s “no‑contest” petition can be struck under California’s anti‑SLAPP statute. It holds that the trustee satisfied the anti‑SLAPP burden by making a prima‑facie showing that he is likely to prevail on his no‑contest claim, so the plaintiff’s motion to strike is denied. The ruling clarifies that, in probate litigation, a party asserting a no‑contest provision must first demonstrate a probability of success before an anti‑SLAPP motion can bar the underlying petition.’, ‘25457c88’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.