Wednesday, April 1, 2020

Oh Slappy Day!

Today's another one of those days where every decision seems to be a SLAPP case. Cases in point are this published one here, and then nonpubs here and here and here.

There's also an appealability case here, which concludes:
Given the lack of clear authority authorizing this appeal, it must be dismissed. The court was not directly resolving the appropriate disposition of trust property (by, e.g., considering the language of the trust and facts pertaining to the properties in dispute). Rather, the court was focused on the question of whether the parties had reached an enforceable settlement agreement. Neither the Probate Code nor the Code of Civil Procedure explicitly authorizes an appeal from an order denying enforcement of a settlement agreement. Expanding the reach of Probate Code section 1300 into the “grey area” represented by this case would not be consistent with this court’s duty to entertain only appeals of interlocutory orders for which we clearly have jurisdiction. This holding accords with the need for clear, bright-line rules in the realm of appealability jurisprudence.