Key
Key v. Tyler
Opinion
Lead Opinion
Lui, J.
*509 Sarah Plott Key (Key) appeals from orders of the probate court (1) striking her petition to enforce a no contest clause in a trust under the "anti-SLAPP" statute *229 ( Code Civ. Proc., § 425.16 ) 1 and (2) denying her motion to recover her attorney fees incurred in defending an earlier unsuccessful appeal filed by respondent Elizabeth Plott Tyler (Tyler). Key and Tyler are sisters and, along with the third sister, respondent Jennifer Plott Potz (Potz), are beneficiaries of a family trust (Trust) that their parents first created in 1999. Tyler was the trustee.
The Trust was purportedly amended in 2007 (2007 Amendment), substantially changing the beneficiaries' rights and effectively disinheriting Key. Key filed a petition in 2011 (Invalidity Petition) seeking a ruling that the 2007 Amendment was a product of undue influence by Tyler. The probate court granted that petition, and this court affirmed that ruling in a nonpublished opinion. ( Key v. Tyler (June 27, 2016, mod. June 29, 2016, B258055 ) ( Key v. Tyler I ).)
Following remand, Key filed a petition to enforce the Trust's no contest clause against Tyler (No Contest Petition), claiming that Tyler's judicial defense of…