Legal Opinion

Pacific Airmotive Corp. v. First Interstate Bank

California Court of Appeal

Decided March 18, 1986No. B011060PublishedCited by 4 opinions

1Opinion of the Court

Opinion

JOHNSON, J.

This is an action under state law by an employer against the trustee of its employee retirement plan for damages suffered by the employer because the trustee inaccurately reported the assets of the plan. The trial court sustained the trustee’s demurrer to the complaint without leave to amend and dismissed the action on the ground the Employee Retirement Income Security Act (ERISA) gives the federal courts exclusive jurisdiction over the employer’s claim. We reverse.

Facts and Proceedings Below

For purposes of appeal we accept as true the properly pleaded factual allegations of…

2Cases cited22 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  4. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  5. Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981

17 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Duffy v. CavalierCalifornia Court of Appeal · 1989
  2. Lembo v. Texaco, Inc.California Court of Appeal · 1987
  3. Horton v. Cigna Individual Financial Services Co.District Court, N.D. Illinois · 1993
  4. Cairy v. Superior CourtCalifornia Court of Appeal · 1987

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API