Gelow
Gelow v. Central Pacific Mortgage Corp.
Opinion
Opinion
Karlton, J.
ORDER
Plaintiff Mark Gelow and ten other individuals have brought suit against their former employer, Central Pacific Mortgage Company (“CPM”); its subsidiary, Ivanhoe Financial, Inc. (“Ivanhoe”); and former executive officers of the two companies, John Courson, John Cassell, and Ed Fuchs. Plaintiffs allege that defendants breached their fiduciary duty under ERISA, 29 U.S.C. § 1132 , violated the Racketeering Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962 , and are liable for fraud, conversion, and breach of fiduciary duties under state law. In the instant motion, defendants Courson, Cassell, and Fuchs move for summary judgment on all causes of action. For the reasons stated below, the court now grants in part and denies in part the motion.
I. FACTS
CPM was a California corporation that performed residential mortgage lending through its branch offices in California and elsewhere. Defendant Courson was CPM’s President and Chief Executive Officer from 1990 to 2007, when CPM closed. Beginning in 2000, he was also its sole owner and shareholder. Defendant Cas-sell was Senior Vice President and Chief Financial Officer from 1994 to 2001, at which time he became…