Webster v. Colvin
A grandmothers death generated litigation involving three granddaughters as to which of two wills should be admitted to probate. That dispute led to another round of litigation, with both sides filing a cross complaint accusing the other side of manipulating and abusing the grandmother. One of the granddaughters made a special motion under the anti-SLAPP statute (Code Civ. Proc., 425.16 (section 425.16)) to strike the cross complaint filed by the other two granddaughters. The trial court denied the motion because it concluded that, while the cross-complaint did allege some protected activity, the gravamen of the cross complaint was a private dispute between the parties, and therefore outside the scope of section 425.16. The losing granddaughter has appealed, contending that the trial court misconstrued the gravamen of her cross complaint. Upon our de novo review, Court agree with the trial court that the gravamen of the cross complaint puts it outside the protection of the anti SLAPP statute. Court therefore affirm.
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