Call v. Sumitomo Bank of California

PREGERSON, Circuit Judge:

Appellants brought this action in district court under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1382 (1982) (ERISA or the Act). They alleged that appellees had breached fiduciary and other duties owed to two ERISA-regulated profit sharing plans of which appellants were administrators. The four appellants sought to recover as plan fiduciaries on behalf of the plans. In addition, the three appellants who were also plan participants sought to recover individually. After the district court granted appellees’ motion to dismiss, appellants brought this…