Justice Stephen Field wrote for a unanimous Supreme Court in the 1869 case of United States v. Kirby that “The reason of the law . . . should prevail over its letter.” Justice Field wrote these words in support of a decision...more
Suing the suer is a common strategy in California civil litigation. A special motion to strike, known as an anti-SLAPP motion, can be a powerful weapon against such retaliatory litigation. We have explained the use of such...more
11/9/2021
/ Anti-SLAPP ,
Appeals ,
Beneficiaries ,
Breach of Duty ,
Cal Code of Civil Procedure ,
Division of Assets ,
Family Trusts ,
Fiduciary Duty ,
Inheritance ,
No Contest Clause ,
Residual Trusts ,
Trustees
There’s a saying amongst attorneys that “bad facts make bad law.” By extension, “really bad facts” can throw probate procedure into flux by making it harder to qualify for an evidentiary hearing. That’s arguably what happened...more