Estate of Noordhof CA2/4

INTRODUCTION

This appeal exemplifies misuse of the anti-SLAPP statute1 resulting in unnecessary cost and delay. The case stems from a bitter family dispute over the probate of the estate of Mary K. Noordhof (decedent). The decedent’s son, respondent Nicolas K. Noordhof (Noordhof), was named special administrator of the estate. Acting as the estate’s special administrator, Noordhof filed a petition against the decedent’s brother, appellant James J. Armstrong (Armstrong), asserting allegations of conversion, misappropriation, and breach of fiduciary duty in Armstrong’s handling of the decedent’s assets. In response, Armstrong filed an anti-SLAPP motion to strike Noordhof’s entire petition. The trial court denied the motion, finding Armstrong failed to establish that any of Noordhof’s claims arose from protected activity. The anti-SLAPP statute was not intended for this type of case. We affirm and, in doing so, award attorney’s fees and impose monetary sanctions for this frivolous appeal.

FACTUAL AND PROCEDURAL BACKGROUND

I. Noordhof’s Petition

On January 17, 2023, Noordhof, in his capacity as special administrator of his mother’s estate, filed a petition under Probate Code…