Kaiser Permanente Employees Pension Plan v. Bertozzi

MEMORANDUM DECISION AND ORDER

ORRICK, District Judge.

Plaintiff and counterdefendant Kaiser Per-manente Employees Pension Plan has moved for summary judgment against defendant and counterplaintiff Dianne Bertozzi. For the reasons stated hereinafter, as well as for the reasons stated at the hearing on February 24, 1994, the motion for summary judgment is denied.

I

This is an action for declaratory relief brought by plaintiff and counterdefendant Kaiser Permanente Employees Pension Plan (“Plan”). The Plan is an employee pension benefit plan as defined under ERISA. Counterdefendant Kaiser Foundation…