Billie J. Comer v. Kaiser Foundation Health Plan, Inc., Permanente Medical Group, Inc. Kaiser Foundation Hospitals, Inc.

45 F.3d 435 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Billie J. COMER, Plaintiff-Appellant, v. KAISER FOUNDATION HEALTH PLAN, INC., Permanente Medical Group, Inc.; Kaiser Foundation Hospitals, Inc., Defendants-Appellees. No. 93-16054. United States Court of Appeals, Ninth Circuit. Submitted Dec. 14, 1994. * Decided Dec. 23, 1994. Before: BOOCHEVER, NORRIS, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 This action arises from the death of Ryan Comer after defendants Kaiser Foundation Health Plan, et al. ("Kaiser") denied him benefits coverage for a cancer treatment. Ryan's mother, Billie Comer, brought a suit against Kaiser for wrongful death in state court. Kaiser removed the case, and the district court granted summary judgment for Kaiser on the grounds that the action was preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. Secs. 1001 et seq. Comer appeals. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 Ryan Comer…