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CHWT v. McCRACKEN

No. A084037.

100 Cal.Rptr.2d 473 (2000)

83 Cal.App.4th 1365

CARPENTERS HEALTH & WELFARE TRUST FUND FOR CALIFORNIA et al., Plaintiffs and Appellants, v. Rodney McCRACKEN et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

Review Denied January 10, 2001.

Attorney(s) appearing for the Case

Stanton, Kay & Watson, LLP, James P. Watson and Susan J. Olson, San Francisco, for Plaintiffs and Appellants.

Lawrence M. Knapp, Stockton, for Defendants and Respondents.

McGUINESS, P.J.

In this opinion, we consider whether the federal Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.)1 preempts a common law cause of action by an ERISA fiduciary against an ERISA plan beneficiary for breach of an agreement settling an earlier federal court lawsuit concerning the reimbursement of medical benefits paid by the fiduciary. We conclude that it does not.

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