Barnick

William Barnick appeals a summary judgment granted in favor of Longs Drug Stores, Inc., (Longs) in his superior court lawsuit against Longs for wrongful termination, breach of contract, conversion, and breach of the covenant of good faith and fair dealing. Barnick contends (1) Longs’s failure to plead lack of jurisdiction should have been fatal to its summary judgment motion, (2) inadmissible evidence was presented to support the summary judgment, and (3) his entire lawsuit does not fall within the exclusive jurisdiction of the federal courts. The last contention has merit because not all of Barnick’s causes of action totally relate to a benefit plan subject to ERISA, which is preempted by federal law. Inasmuch as we find Barnick’s claims are, in part, not preempted by ERISA, we reverse the summary judgment.

Facts

Barnick was an employee of Longs under a written and oral contract from September 1972 until November 3, 1980, when he was fired by his store manager. During the employment, Barnick participated in a pension profit sharing plan that is governed by ERISA. Barnick contended during discovery (in a deposition and answers to interrogatories) that Longs fired him to…