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VARR v. OLIMPIA

Docket No. H013929.

45 Cal.App.4th 675 (1996)

J. ANTHONY VARR, Plaintiff and Appellant, v. GARY L. OLIMPIA et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

May 17, 1996.

Attorney(s) appearing for the Case

COUNSEL

Reid P. Schantz for Plaintiff and Appellant.

Olimpia, Whelan & Lively, Gary L. Olimpia and James J. Der, Jr., for Defendants and Respondents.

OPINION

COTTLE, P.J.

In this appeal, we are asked to determine whether Civil Code section 1917.2201 is preempted by the Employee Retirement Income Security Act of 1974 (ERISA). (29 U.S.C. § 1001 et seq.) We hold that it is. We also hold that ERISA does not preempt California's general usury laws.

FACTS

In February 1988, plaintiff J...

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