Provience

Provience v. Valley Clerks Trust Fund

Good Law
163 Cal. App. 3d 249·1984 Cal. App. LEXIS 2897·209 Cal. Rptr. 276·6 Employee Benefits Cas. (BNA) 1153
Court of Appeal of CaliforniaDecember 28, 1984Civ. 23589California3,742 words

Opinion

Opinion

Sims, J.

In this case, we hold that tort claims for fraud, bad faith denial of benefits, and intentional infliction of emotional distress, asserted by an employee against an employee benefit plan subject to ERISA, are preempted by ERISA and may not be litigated in the state courts of California.

Factual and Procedural Background

In June 1978 plaintiff obtained employment with Raley’s Markets. Raley’s offered plaintiff participation in one of two medical payment plans as a benefit of his employment. Plaintiff chose Valley Clerks Trust Fund (Fund), an employee benefit plan subject to regulation under ERISA.

At the first union meeting plaintiff attended, some discussion of the Fund’s benefits occurred and a pamphlet describing those benefits was presented to him. No representatives of the Fund were present.

In September and October 1979 plaintiff sustained physical injuries in two motor vehicle accidents. Following the second accident plaintiff submitted a number of claims to the Fund for payment of medical expenses. Prior to payment of plaintiff’s claims, the Fund requested that he execute an “Agreement to Reimburse” as required by a rule duly enacted by the Fund’s trustees. The…

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