Barbour v. Silvi-Rodriguez CA2/4
This appeal arises from a trust petition filed by respondent Nancy Silvi-Rodriguez regarding a trust established by her late father, Malcolm Barbour. Nancy alleged that her brother, Scott Barbour, engaged in elder abuse and stole millions of dollars from Malcolm and the trust. She also named several other respondents and amended the petition several times. In her fourth and fifth amended petitions, she included as a respondent an unnamed trustee, identified as Doe 1, of the BLT Living Trust (the BLT trust). Seven months after filing her fifth amended petition, Nancy amended the petition to substitute her other brother, appellant Todd Barbour, as Doe 1. Todd moved to disqualify Nancy’s counsel. He argued that her attorneys improperly elicited confidential information from him before naming him as a respondent to the trust petition, but without advising him of their adverse position or suggesting he retain his own counsel.
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