Haacke

FACTS

In 2012, plaintiff Rodney Haacke and his sister Desrie Pfister became co-trustees

of the Haacke Family Trust dated August 23, 1994 (the trust), after their mother was

deemed mentally incompetent. The siblings did not agree on how to administer the trust.

In June 2017, Rodney Haacke petitioned in probate court to remove his sister as co-

trustee (Case No. MCP1700472, the probate action), and separately petitioned to be

appointed as conservator for the mother (Case No. MCP1700476, the conservatorship

action).

The siblings, together with the mother’s attorney, agreed that Robin Shea, a

professional fiduciary, would be appointed as a neutral successor trustee. In October

1 Our order denying the brother permission to appeal states his request focused on whether he should have been declared a vexatious litigant in the first place, and failed to seriously attempt to explain how the appeal has merit and was not filed for purposes of harassment or delay. (See Code Civ. Pro., § 391.7, subd. (b); McColm v. Westwood Park Assn. (1998) 62 Cal.App.4th 1211, 1217.)

2 2017, Shea hired defendants and respondents Victor J. Herrera and Kevin McKenzie of

the law firm Swan, Carpenter,…