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Jun. 19, 2024

Third time’s a charm: Continued development of no contest case law from Key v. Tyler III

There has been no judicial interpretation or construction of the phrase "probable cause" in the context of a direct contest, and the outcome of this issue may have significant implications for the development of no contest clause case law.


The exploration of California's no contest clause statute in the continuing saga of the Key v. Tyler litigation has another chapter, Key v. Tyler III, filed May 28, 2024.

In the third appellate opinion in this case, the court's interpretation of the no contest clause statute reaches the well-analyzed position that a forfeiture based on a direct contest of a protected instrument withou...

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