Serpa

Serpa v. SBC Telecommunications, Inc.

Good Law

318 F. Supp. 2d 865·2004 WL 1161383·32 Employee Benefits Cas. (BNA) 2947·2004 U.S. Dist. LEXIS 9273

United States District Court, Northern District of CaliforniaMay 24, 2004C 03-4223 MHPCalifornia3,960 words

Opinion

Patel, J.

MEMORANDUM & ORDER

Re: Defendant’s Motions to Strike and for Judgment on the Pleadings; Plaintiffs Motion for Leave to Amend

Plaintiff Laura Serpa originally brought this action against defendants SBC Telecommunications and SBC Services (“defendants”) in state court seeking damages resulting from the distribution of retirement benefits under defendants’ retirement program, the SBC Enhanced Pension and Retirement Program (“Pension Plan”). SBC Services is Serpa’s former employer; SBC Telecommunications is a plan sponsor, administrator, and named fiduciary. In her state court complaint, Serpa alleged state law claims of negligence, promissory estoppel, fraud, and unfair business practices under California Business and Professions Code section 17200. Defendants removed the action to federal court on the ground that Serpa’s state claims were completely preempted by the Employment Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq. Now before this court are defendants’ motion for judgment on the pleadings, plaintiffs motion for leave to amend those pleadings, and defendants’ motion to strike the amended complaint for failure to secure the court’s leave. After having…

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