Lawrence Dockter v. Aetna Life Insurance Company Getty Oil Company

988 F.2d 118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence DOCKTER, Plaintiff-Appellant, v. AETNA LIFE INSURANCE COMPANY; Getty Oil Company, Defendants-Appellees. No. 91-56029. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 1, 1993. Decided March 3, 1993. Appeal from the United States District Court for the Central District of California; No. CV-88-7645-KN, David V. Kenyon, District Judge, Presiding. C.D.Cal. AFFIRMED. Before PREGERSON, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM * 2 In this case, Appellant Dockter appeals the district court's dismissal of his state law claims because they were preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. 1988 ("ERISA"). Appellant's proposed Second Amended Complaint asserted a state law claim for "breach of the duty of good faith and fair dealing" and sought declaratory relief that Appellant was entitled to disability benefits. The district…