Mota v. Superior Court

Opinion

IKOLA, J.

This litigation arises out of a series of acrimonious disputes between the beneficiaries of a revocable trust created by Paulino Ponce, now deceased. Petitioner Silvia Mota, a beneficiary and former trustee, seeks a writ of mandate compelling the probate court to vacate its order denying her motion to compel further responses to her discovery requests. The court concluded Mota’s failure to file a Probate Code section 850 petition precluded her from propounding discovery on real party in interest and cobeneficiary, Daniel Villalobos, and from obtaining an offset against his…