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COMMERCIAL LIFE INS. CO. v. SUPERIOR COURT

Docket No. S003129.

47 Cal.3d 473 (1988)

764 P.2d 1059

253 Cal. Rptr. 682

COMMERCIAL LIFE INSURANCE COMPANY et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; JOSEPH V. JULIANO, Real Party in Interest.

Supreme Court of California.

December 15, 1988.

Attorney(s) appearing for the Case

COUNSEL

Hill, Genson, Even, Crandall & Wade, Edmond D. Wade, Curtis L. Metzgar, Adams, Duque & Hazeltine and David L. Bacon for Petitioners.

Rogers, Joseph, O'Donnell & Quinn, Joseph W. Rogers, Jr., Susan M. Popik, Joe W. Peel, Terri Sorota, Jack H. Blaine and Phillip E. Stano as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Wingert, Grebing, Anello & LaVoy, Michael M. Anello, Thomas O. LaVoy, Robert M. Caietti, Shernoff, Scott & Bidart and Bill Shernoff for Real Party in Interest.

OPINION

PANELLI, J.

We are asked to decide whether the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.) preempts a private cause of action brought under California Insurance Code section 790.03, subdivision (h),1 where the action asserts a claim arising from an employee benefit plan. We conclude that ERISA does preempt such...

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