Justia Communications Law Opinion SummariesArticles Posted in Trusts & Estates
Dae v. Traver
Robert filed a petition, alleging that Dae violated a “no contest” clause in a family trust by filing a previous petition challenging Robert’s actions as trustee. Dae’s subsequently moved to strike Robert’s petition under the anti-SLAPP (strategic lawsuit against public participation) statute (Code Civ. Proc. 425.16.)The court of appeal affirmed the denial of the anti-SLAPP motion. Robert’s No Contest Petition arose from protected petitioning activity under Code of Civil Procedure 425.16(e)(1); to defeat Dae’s motion, Robert was required to show a probability that he would prevail on that Petition. Robert made such a showing. Dae’s petition broadly challenged Robert’s conduct in setting up a financial structure that Robert claimed was designed to avoid estate taxes. If Robert’s claim is true, Dae’s petition would implicate the no-contest provision by seeking to “impair” trust provisions giving Robert the authority to manage trust assets. Dae also challenged his own removal as a beneficiary. Whether that more specific challenge amounts to a “contest” for purposes of the no-contest clause depends upon the trustors’ intent. Robert provided sufficient evidence of the trustors’ intent to allow a change of beneficiary to make a prima facie showing of probability of prevailing on Robert’s contention that Dae’s claims are a “contest.” The court expressed no opinion on the outcome of Robert’s petition. View "Dae v. Traver" on Justia Law
Ajemian v. Yahoo!, Inc.
The Stored Communications Act (SCA) does not prohibit Yahoo from voluntarily disclosing the contents of a decedent’s e-mail account to the personal representatives of the decedent’s estate. Rather, the SCA permits Yahoo to divulge the contents of the e-mail account where the personal representatives lawfully consent to disclosure on the decedent’s behalf.The decedent in this case died intestate. The personal representatives of the decedent’s estate sought access to the contents of a Yahoo!, Inc. e-mail account that the decedent left behind. Yahoo declined to provide access to the account. The personal representatives commenced an action challenging Yahoo’s refusal. A judge of the probate and family court granted summary judgment for Yahoo. The Supreme Judicial Court set aside the judgment, holding that summary judgment for Yahoo should not have been allowed (1) on the basis that the requested disclosure was prohibited by the SCA, and (2) on the basis of the terms of a service agreement where material issues of fact pertinent to the enforceability of the contract remained in dispute. View "Ajemian v. Yahoo!, Inc." on Justia Law