Corbari
Corbari v. St. Joseph's Omni Health Plan
Opinion
Opinion
Levi, J.
MEMORANDUM OF OPINION AND ORDER
Defendant Omni Healthcare, Inc. moves for summary judgment on plaintiff George Corbari’s ERISA claim.
I.
Corbari began working at James Gaskets, Inc. in Modesto in 1993. At that time, he was enrolled in an Omni Healthcare health plan through James Gaskets. (See G. Corbari Deck, ¶¶ 2-3.) Corbari was a full-time salaried employee of James Gaskets. (See Clark Deck, ¶ 2.)
After his hire in 1993, Corbari lived in a trailer on James Gaskets’ premises. (See Clark Deck, ¶ 2.) When the company moved to another location in Modesto in 1994, .Corbari bought a larger trailer and moved to a Modesto trailer park with his wife. (See G. Corbari Deck, ¶ 6.) Corbari also owned a house in Orange County during this time. (See G. Corbari Deck, ¶ 9.) In May 1996, he decided that he could not afford to maintain two residences. (See id.) He asked James Clark, the owner of James Gaskets, if he could temporarily relocate to southern California in order to sell his house, and Clark agreed. (See id.) It was also agreed that while Corbari was in Southern California, he would be paid by commission only. (See Clark Deck, ¶ 3.) This agreement was open ended as to time.…