Watson
Watson v. Bevins CA2/5
Opinion
Opinion
I. BACKGROUND
A. The Underlying Actions The litigation began with a 2016 complaint filed in San Bernardino County by Joseph Watson, as counsel for an HOA, against respondent Nathaniel Pickett alleging the failure to pay HOA dues. Pickett filed a cross-complaint against Watson and the HOA; he ultimately dismissed the cross-complaint but, in July 2018, he filed a new action against Watson, the HOA, and others. With respect to Watson, the 2018 complaint alleged breach of fiduciary duty and conversion; it was amended (but not with respect to the causes of action) in November 2018. On March 8, 2019, Watson’s demurrer to the first amended complaint was overruled. A second amended complaint was filed on February 28, 2020; again, the allegations against Watson remained the same. Watson filed a cross-complaint (representing himself) in Pickett’s 2018 action; he alleged breach of contract, breach of fiduciary duty, and conversion. He then tendered his defense in the action filed by Pickett to Truck, the HOA’s insurance carrier. Truck assigned the defense to in-house attorneys Kevin Bevins and Kathleen Baxter-Walker. Bevins was the lead; his firm consisted of employees of Farmers…