Allegations Of Petition Involved Breach Of Loyalty Claims, Not Just Litigation Positions.
Gaynor v. Bulen, Case No. D07097 (4th Dist., Div. 1 Jan. 23, 2018) (published) involved a surcharge petition brought by certain beneficiaries against co-trustees which, among other things, challenge attorney’s fees claimed by the trustees. One of the trustees filed a SLAPP motion against the petition, claiming the petition challenged his earlier litigation positions which were absolutely privileged in nature. The trial court denied the SLAPP motion, a determination affirmed on appeal. The basis was that the surcharge petition also alleged breaches to loyalty by the trustees, conduct above and beyond just litigation conduct protected under the Civil Code section 47 privilege.
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