Perez-Cruet

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 ANTONIO PEREZ-CRUET, ) Case No.: 23-cv-1890-BEN (MMP) ) Plaintiff, ) v. ) ) QUALCOMM INCORPORATED, et al., ) ORDER DENYING MOTION TO Defendants. ) DISMISS ) ) ) ) ) ) I. INTRODUCTION Plaintiff is an ex-employee of Qualcomm, Inc., and a current participant in the Qualcomm defined contribution employee pension plan. Defendants manage the pension plan. Plaintiff alleges that the Defendants violated the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., by choosing to put forfeited Plan contributions towards current participants’ accounts rather than defraying administrative expenses of the Plan. While all agree that the written terms of the Plan permit the Defendants to make either choice, Plaintiff…