Rosenberg
Rosenberg v. Reid CA2/3
Opinion
Opinion
INTRODUCTION
This is an appeal from an order striking a complaint pursuant to California’s anti- strategic lawsuit against public participation (anti-SLAPP) statute (Code Civ. Proc., § 425.16).1 We affirm. Plaintiff Sheryl Rosenberg and Defendant Brigette Reid are sisters and beneficiaries under the trust established by their late father, Stanley Diller (as amended and restated, the Trust). The Trust contains a no contest clause mandating the disinheritance of a beneficiary who contests the validity of a “Protected Instrument” as defined by the Trust. In the months preceding his death, Diller formed SD Sheryl Brigette, LLC (SDSB) and transferred his interest in certain assets to the company. Diller later assigned and transferred his entire interest in SDSB to his daughters in equal parts— 50 percent to Rosenberg and 50 percent to Reid. Diller made the assignment “[s]ubject to the terms and conditions of the Operating Agreement of SD SHERYL BRIGETTE,
LLC.”
Following Diller’s death, Reid brought a lawsuit against Rosenberg alleging Rosenberg unilaterally seized control of SDSB and used the company’s assets for her personal gain. Reid’s complaint alleged that the purported…