Event Date:
Jun 29, 2021 12:00 PM
Speaker:
Ryan Szczepanik & Ciaran O'Sullivan
Venue:
The Trusts and Estates Section of the California Lawyers Association
A “Strategic Lawsuit Against Public Participation,” or SLAPP suit, is a court filing complaining of injury as a result of petitioning the court or free speech activity. A SLAPP suit is controversial. Its intent often is to intimidate perceived adversaries by burdening them with the expense of a legal defense until they are silenced. Critics of SLAPP suits cheered when Cal. Code of Civil Procedure § 425.16 was enacted in 1992. Section 425.16 allows a special motion to strike a SLAPP suit. A Section 425.16 special motion to strike, called an “anti-SLAPP” motion, is a powerful tool that litigators can wield against SLAPP suits.
Over the years, the broad reach of the anti-SLAPP motion has itself generated controversy. Litigators, as they often do, have pushed the envelope of this powerful tool, threatening anti-SLAPP motions against all kinds of lawsuits. In short, the tool intended to curb litigation abuse has become the subject of abuse.
Reigning in the application of anti-SLAPP motions has become a hot topic in probate and trust litigation. That topic also is before the legislature: pending Senate Bill 329 proposes the prohibition of anti-SLAPP motions in trust and will contest proceedings.
Kevin O’Brien discusses the Barefoot v. Jennings decision in the article, “California Supreme Court Confirms Former Beneficiary’s Standing to Contest Trust.”
Senior Associate Dave Parnall tackles the issue of enforcing support judgments against trusts.
John A. Hartog named to Best Lawyers in America for 2020. Recognition is based on peer review by leading lawyers in the Trusts & Estates practice in Northern California. As noted on the Best Lawyers website, “Best lawyers know who the best lawyers are.”