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PROVIENCE v. VALLEY CLERKS TRUST FUND

Docket No. 23589.

163 Cal.App.3d 249 (1984)

209 Cal. Rptr. 276

JOHN A. PROVIENCE, Plaintiff and Appellant, v. VALLEY CLERKS TRUST FUND et al., Defendants and Respondents.

Court of Appeals of California, Third District.

December 28, 1984.

Attorney(s) appearing for the Case

COUNSEL

Jerry L. Rowley for Plaintiff and Appellant.

McLaughlin & Irvin, Ralph J. Scalzo, Davis, Cowell & Bowe and J. Thomas Bowen for Defendants and Respondents.

OPINION

SIMS, J.

In this case, we hold that tort claims for fraud, bad faith denial of benefits, and intentional infliction of emotional distress, asserted by an employee against an employee benefit plan subject to ERISA,1 are preempted by ERISA and may not be litigated in the state courts of California.

FACTUAL AND PROCEDURAL BACKGROUND

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