The Second Appellate District in Urick v. Urick holds that the plain language of the anti-SLAPP statute (Code of Civil Procedure section 425.16) requires that it be applied to probate court petitions, including ones that may be a contest under Probate Code section 21310 et seq. Continue reading
The California Supreme Court concludes in Donkin v. Donkin that safe harbor proceedings filed before 2010 are not affected by the repeal of former Probate Code section 21320, which previously authorized safe harbor applications. With respect to substantive questions as to whether a claim triggers a no contest clause, pursuant to Probate Code section 21315, current law is applicable to all instruments which became irrevocable on or after January 1, 2001. Continue reading