Sabi v. Leonard CA2/6

Filed 9/16/25 Sabi v. Leonard CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

KENDRA SABI et al., 2d Civ. No. B337916 (Super. Ct. No. 23PR-0079) Plaintiff and Respondent, (San Luis Obispo County)

v.

DENNIS LEONARD,

Defendant and Appellant.

Appellant, Dennis Leonard, appeals from the trial court’s order denying his anti-SLAPP motion. He contends the conduct giving rise to respondent Kendra Sabi’s causes of action is protected activity. We disagree and will affirm. FACTUAL AND PROCEDURAL BACKGROUND1 2012 Trust Documents The late Janice Pankey Tannehill (“Janice”) held a sizeable estate, including two LLCs “holding title to multiple large parcels

1 “As we are deciding the appeal under the first step of the

anti-SLAPP analysis, we derive the facts primarily from the

of real property.” Janice had four children: Lora, Chadburn, James, 2 and Sabi. Appellant Leonard is an attorney. He began working with Janice in 2012 to update her estate planning documents. Leonard prepared a Durable Power of Attorney for Assets naming Sabi as Janice’s attorney-in-fact, effective upon incapacity (“2012 DPOA”). Incapacity would be decided either by a finding of a court or “upon certification by two physicians . . . that [Janice is] unable to properly care for [herself or her] property, which certification shall be made by each physician in a written declaration under penalty of perjury.” The 2012 DPOA specified “[t]he authority given to my agent has no expiration date and shall expire only in the event that I revoke the authority in writing . . . .” It designated Sabi as agent and granted her authority to deal with financial institutions, employ and remove others (including an attorney), “take custody of all my important documents,” litigate, and initiate court proceedings. The 2012 DPOA gave Sabi “full power and authority to perform all necessary acts on my behalf as fully as if I were personally present and able to act . . . .” Disagreements Arise About Janice’s Capacity Janice’s health changed dramatically after a fall in 2020 left her paralyzed. She moved to a skilled nursing facility so she could receive 24 hour care. In April 2021, nursing home staff