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MARTINEZ v. BEVERLY HILLS HOTEL

No. CV09-1222 SVW (PLAx).

695 F.Supp.2d 1085 (2010)

Ana MARTINEZ, Plaintiff, v. The BEVERLY HILLS HOTEL and Bungalows Employee Benefit Trust Employee Welfare Plan, Defendant. The Beverly Hills Hotel and Bungalows Employee Benefit Trust, Counterclaimant, v. Ana Martinez, an individual; U.S. Bancorp, a Delaware corporation, d/b/a U.S. Bank, as trustee of the Steve Martinez Special Needs Trust; and Roes 1 though 10, inclusive, Counterdefendants.

United States District Court, C.D. California.

March 9, 2010.

Attorney(s) appearing for the Case

Elizabeth K. Green, Lisa S. Kantor, Kantor and Kantor LLP, Northridge, CA, for Plaintiff and Counterdefendants.

J. Scott Scheper, Seltzer Caplan McMahon & Vitek, San Diego, CA, Todd E. Hyatt, Hill Farrer and Burrill, Los Angeles, CA, for Defendant and Counterclaimant.

Steven R. Skirvin, William E. Crockett, Dion-Kindem And Crockett, Woodland Hills, CA, for Counterdefendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW; ENTRY OF FINAL JUDGMENT

STEPHEN V. WILSON, District Judge.

I. INTRODUCTION

The Court held a two-day trial on December 9, 2009 and February 3, 2010. The Court heard evidence regarding the proper standard of review to apply to Defendant's benefits determination. Having made the following factual findings and thoroughly examined the administrative record, the Court finds that Defendant abused its discretion...

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