Dae

BACKGROUND

1. The Family Trust Erin and Jean Walsh (the Trustors), a married couple, established a family trust in 1994 (Family Trust). Jean had three children from a prior marriage—Joan, William, and Robert. Erin had no children. Joan had one child—Dae. William had no children. Robert has three children. The Family Trust provided that, when one of the Trustors died, the assets of the Family Trust would be divided into a Survivor’s Trust, a Residuary Trust, and a generation skipping trust for the grandchildren. The Survivor’s Trust was to be funded with the community property interest of the surviving trustor and was revocable during the surviving trustor’s lifetime. Aside from some specific bequests and the funding of the generation skipping trust (which is not at issue here), the remainder of the deceased trustor’s community property interest was to fund the Residuary Trust. The Residuary Trust was irrevocable.

3We summarize the facts in the light most favorable to Robert, the party opposing the anti-SLAPP motion. (Murray v. Tran (2020) 55 Cal.App.5th 10, 16.)

3 The Family Trust designated the surviving trustor and Robert as the trustees of the Residuary Trust. Those…