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SAN FRANCISCO CULINARY v. LUCIN

No. 94-16091.

76 F.3d 295 (1996)

SAN FRANCISCO CULINARY, BARTENDERS AND SERVICE EMPLOYEES WELFARE FUND; San Francisco Culinary, Bartenders and Service Employees Pension Trust Fund, Plaintiffs-Appellants, v. Ivan LUCIN and Katica Lucin, individually and as a partner dba II Pirata, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 8, 1996.

Attorney(s) appearing for the Case

Earl L. Bohachek, Rubenstein & Bohachek, San Francisco, California, for plaintiffs-appellants.

Kenneth G. Downs, Proskauer, Rose, Goetz & Mendelsohn, San Francisco, California; Daniel Eaton, Proskauer, Rose, Goetz & Mendelsohn, Los Angeles, California, for defendants-appellees.

Before: GOODWIN and REINHARDT, Circuit Judges, KING, Senior District Judge.

GOODWIN, Circuit Judge:

Plaintiffs ("Trust Funds") appeal the award of attorneys' fees to Defendants, the Lucins, pursuant to a California wrongful attachment statute. The Trust Funds argue that either the wrongful attachment statute (at least to the extent that it authorizes attorneys' fees for the work done in the underlying ERISA action) or the fee award itself is preempted by ERISA's attorneys' fee provision.

The underlying action was brought pursuant...

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