Carpenters Southern California Administrative Corporation v. Majestic Housing, a California Corporation

Good Law
743 F.2d 1341·117 L.R.R.M. (BNA) 2572·5 Employee Benefits Cas. (BNA) 2351·1984 U.S. App. LEXIS 18193
United States Court of Appeals for the Ninth CircuitSeptember 27, 198483-6534California2,177 words

Opinion

Opinion

Skopil, J.

Assignees of pension fund trustees brought this action to enforce a lien created when an employer failed to contribute to the fund according to agreement. The action was removed to federal court, where jurisdiction was challenged. The district court held it had jurisdiction and granted summary judgment to the owner of property subject to the lien. We reverse.

FACTS AND PROCEEDINGS BELOW

Carpenters Southern California Administrative Corporation (“CSCAC”) is a California corporation that administers certain fringe benefit trusts for members of the United Brotherhood of Carpenters and Joiners of America (“Union”). These trusts were created pursuant to collective bargaining agreements between the Union and the Southern California General Con tractors. Each of these trusts is an employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq.

Wesley R. Guyer, a framing subcontractor, signed a memorandum collective bargaining agreement with the Union. Under the terms of that agreement, he was to contribute to the fringe benefit trusts administered by the CSCAC on a per employee, per hour basis. In the spring of 1982…

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