Matiasic

Matiasic v. Brice CA1/5

Good Law
Court of Appeal of CaliforniaAugust 26, 2015A142108California5,932 words

Opinion

Opinion

Bruiniers, J.

I. FACTUAL AND PROCEDURAL BACKGROUND2

A. Underlying Litigation Brice is the pastor at Solomon’s Temple Baptist Church of Pittsburg, Inc. (Temple). In October 2009, a group of 31 Temple congregation members filed a derivative action naming Temple, Temple’s officers and directors, and Brice as defendants (Robinson v. Brice (Super. Ct. Contra Costa County, 2012, No. MSC09- 02998) (Robinson)). The Robinson plaintiffs asserted claims, on Temple’s behalf, against Brice and Temple’s officers and directors for, among other things, breach of fiduciary duty and conversion. The Robinson plaintiffs also alleged Brice converted Temple’s property for his personal use. In November 2009, Temple tendered defense of the Robinson action to GuideOne Mutual Insurance Company (GuideOne), pursuant to an insurance policy that also provided coverage to Temple’s officers and directors. On or about November 18, GuideOne referred the Robinson matter to Matiasic. On November 19, GuideOne accepted the tender under a reservation of rights. On November 23, 2009, attorney Chauné Williams wrote Matiasic and informed him that she represented all of the Robinson defendants, including Brice. She directed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.