Trustees of Southern California International Brotherhood of Electrical Workers-National Electrical Contractors Ass'n Pension Plan v. DC Associates, Inc.

MEMORANDUM

DC Associates, Inc. (“DC”) appeals a summary judgment in favor of the trustees of various employee-benefit plans (collectively, “the Trustees”). We assume familiarity with the facts and prior proceedings. Reviewing de novo and taking the evidence in the light most favorable to DC, see PhotoMedex, Inc. v. Irwin, 601 F.3d 919, 923 (9th Cir.2010), we conclude that there is a genuine issue of material fact as to whether DC was bound to the terms of the Sound Agreement with respect to work performed by members of IBEW Local 11 in Los Angeles County. We therefore reverse the summary judgment and remand for trial.

I

It is undisputed that DC signed a letter of assent binding it to the Sound Agreement with respect to work performed by members of the IBEW locals for Riverside and San Bernardino Counties. The agreement, however, is subject to two plausible interpretations as to the effect of that assent. The Trustees’ position that an employer who agrees to be bound with respect to work performed in any covered jurisdiction is bound with respect to work performed in all covered jurisdictions is supported by declarations from the parties who negotiated the agreement. DC’s…