On June 4, 2020, Petitioner Shawnette Rice Frost (Petitioner), trustee of the Esther A. Borja Irrevocable Trust, dated November 29, 2019 (the Trust), filed a petition under Probate Code section 17200 to confirm the existence and validity of the Trust, and for direction with respect to the Trust. Petitioner alleges that a sister and niece of the settlor have “led a campaign to unwind and revoke” the Trust.
The Trust and Petitioner are currently represented by Attorney John W. Belsher. On July 6, 2020, Objector Esther A. Borja (Objector) appeared before the Court ex parte to request that Mr. Belsher be disqualified from representing either the Trust or the Petitioner in this action. Prior to this litigation, in November 2019, Mr. Belsher allegedly drafted the Trust, and is anticipated to be called as a witness in this case, given the parties’ dispute concerning the formation, drafting, and execution of the Trust.
“A trial court is empowered to disqualify counsel through its inherent powe
Hearing Date
July 22, 2020
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On June 4, 2020, Petitioner Shawnette Rice Frost (Petitioner), trustee of the Esther A. Borja Irrevocable Trust, dated November 29, 2019 (the Trust), filed a petition under Probate Code section 17200 to confirm the existence and validity of the Trust, and for direction with respect to the Trust. Petitioner alleges that a sister and niece of the settlor have “led a campaign to unwind and revoke” the Trust.
The Trust and Petitioner are currently represented by Attorney John W. Belsher. On July 6, 2020, Objector Esther A. Borja (Objector) appeared before the Court ex parte to request that Mr. Belsher be disqualified from representing either the Trust or the Petitioner in this action. Prior to this litigation, in November 2019, Mr. Belsher allegedly drafted the Trust, and is anticipated to be called as a witness in this case, given the parties’ dispute concerning the formation, drafting, and execution of the Trust.
“A trial court is empowered to disqualify counsel through its inherent powe