Conservatorship of the Person and Estate of Martin CA2/2

Filed 8/25/25 Conservatorship of the Person and Estate of Martin CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

Conservatorship of the Person B335353 and Estate of REX MARTIN.

(Los Angeles County CHEVON MARTIN ROBINSON, Super. Ct. No. 18AVPB00069) Petitioner and Respondent,

v.

WALTER MARTIN, Individually and as Trustee, etc.,

Objector and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen T. Morgan, Judge. Affirmed. Walter Martin, in pro. per., for Objector and Appellant. The Thomas Firm and Emanuel Thomas for Petitioner and Respondent. _______________________________________

Walter E. Martin appeals a probate court order removing him as trustee of the Gesner L. Martin Trust (Trust). (Prob. Code, § 1300, subd. (g).)1 The court appointed respondent Chevon Martin Robinson as successor trustee. We conclude: (1) the case was not stayed in probate court when appellant filed a notice of appeal from a prior, nonappealable order, and (2) absent any evidence in our record to support appellant’s claims, we must presume that substantial evidence supports the probate court’s factual findings and it did not abuse its discretion by removing appellant as trustee. We affirm. FACTS AND PROCEDURAL HISTORY Background Gesner L. Martin established the Trust in 2011. Appellant was named trustee in 2012. The Trust became irrevocable when the settlor died in January 2018. Trust beneficiaries include appellant and his brother Rex Martin (Rex), who are the settlor’s children. Respondent is Rex’s daughter. In 2018, respondent petitioned the probate court to establish a conservatorship for Rex. The petition is not in our record. In accordance with customary rules of appellate review, we presume the petition invoked the probate court’s powers to instruct appellant to distribute funds to Rex—the beneficiary of the Trust’s “special needs” provision—and to account for Trust assets. (§ 17200, subd. (b)(6), (7).) Appellant participated in a hearing on the petition on August 23, 2018. At the hearing, the court asserted jurisdiction over the Trust, froze the assets of the special needs trust, and suspended appellant as trustee of the special needs trust. It