Northern California Food Employers & Retail Clerks Unions Benefit Fund v. DIANDA'S ITALIAN-AMERICAN PASTRY CO., INC.

ORDER DENYING MOTION TO DISMISS

Plaintiff Northern California Food Employers and Retail Clerks Unions Benefit Fund (“Benefit Fund”) and plaintiff Gordon Costa, the administrator of the Benefit Fund, bring this action under ERISA. Plaintiffs seek to enforce the terms of an employee benefit plan (“the plan”) and to recoup benefits improperly paid as a result of defendant’s alleged inaccurate reporting of its employee’s hours. Plaintiffs claim that the plan obligates defendant to pay employee contributions and to provide accurate information to the Benefit Fund. Plaintiffs assert that in January 1979 defendant “willfully and falsely” reported an incorrect number of hours for an employee named Maria Patrito. Plaintiffs Complaint ¶ 9. Plaintiffs allege that based on defendant’s incorrect information, the Benefit Fund found Patrito eligible for benefits. Subsequently, the Benefit Fund paid Patrito $42,805.63 in medical benefits. Plaintiffs claim that in December 1984 they discovered that defendant had reported false information regarding Patrito’s hours. Plaintiffs allege that, in fact, Patrito had never worked a sufficient number of hours to be eligible for benefits. The matter is…