TOTTEN v. HILL

No. A114467.

64 Cal.Rptr.3d 357 (2007)

154 Cal.App.4th 40

Larry TOTTEN et al. Plaintiffs and Appellants, v. Jeanne L. HILL, Defendant and Respondent.

Court of Appeal of California, First District, Division Five.

August 13, 2007.


Attorney(s) appearing for the Case

Stanton, Kay & Watson and Anne M. Bevington, San Francisco, for Plaintiffs and Appellants.

Halkides, Morgan & Kelley and John P. Kelley, Redding, for Defendant and Respondent.


SIMONS, J.

The Laborers Health and Welfare Trust Fund for Northern California (Trust Fund)1 is an employee health and welfare benefit plan (Plan) subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. § 1001 et seq.) (ERISA). In 2003, it paid out $167,767 in benefits for medical expenses incurred by one of its participants, defendant and respondent Jeanne Hill (Hill), who had suffered a punctured bowel during surgery...

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