California provides some of the most interesting and yet complex estate litigation cases with California’s Code of Civil Procedure Section 425.16 against a Strategic Lawsuit Against Public Participation (“Anti-SLAPP”). As a result, an estate litigator may have a high hurdle to jump over in order to prevail in any litigation matter because a trustee or executor is protected from any oral or written statements or writings during the probate court proceedings. In addition, if the parties do not file a timely claim they may be barred by the statutes of limitation and/or res judicata.
Even though California is the Anti-SLAPP capitol, when it comes to breach of fiduciary duty, fraud, conversion of intellectual property, and/or copyright infringement, think again. The Ninth Circuit slapped the Defendants right back by reversing a few of the lower court’s counts due to the above.
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