Key v. Tyler, No. B283979M (D2d2 May 7, 2019)
This anti-SLAPP appeal comes down basically the same way as 2017’s Urick v. Urick decision. At least on the first part of the analysis. It holds that a no-contest petition in a probate case is subject to an anti-SLAPP motion, because the petitioner is essentially suing someone for litigating. The Court recognizes that there are some good policy reasons to go the other way but finds that the existing statutory scheme makes a no-contest petition SLAPP-able. So its up to the Legislature to fix the issue.
But unlike Urick, the petitioner here made a showing of a likelihood of success. So the motion should have been denied nonetheless.
Reversed.
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