Ghorbani
Ghorbani v. Pacific Gas & Electric Co. Group Life Insurance
Opinion
Opinion
Walker, J.
ORDER.
In this action under section 502(a) of the Employee Retirement Income Security Act, 29 U.S.C. § 1132 (a), a disability plan beneficiary challenged a denial of benefits. On January 28, 2000, the court granted summary judgment in favor of defendant. (Doc 27). Defendant now moves for an award of attorney fees pursuant to section 502(g) of the Act, 29 U.S.C. § 1132 (g). Upon consideration of the arguments of the parties in their initial and supplemental briefs and at oral argument, and for the reasons stated below, defendant’s motion is GRANTED.
Section 502(g) of the Act provides, in relevant part:
29 U.S.C. § 1132 (g)(1).
Plaintiff raises the threshold issue whether, under this provision, attorney fee awards to defendants in unsuccessful cases brought by individual plan participants are disfavored. The Ninth Circuit has given mixed signals on the point. In Corder v. Howard Johnson & Co., 53 F.3d 225 (9th Cir.1994), the court stated: “We have frequently expressed our disfavor of awards of attorney’s fees against individual ERISA plaintiffs who seek pension benefits to which they believe they are entitled.” Id. at 231 . More recently, however, in reviewing a district court’s…