Lucin
San Francisco Culinary, Bartenders & Service Employees Welfare Fund v. Lucin
Opinion
Lead Opinion
Goodwin, J.
Plaintiffs (“Trust Funds”) appeal the award of attorneys’ fees to Defendants, the Lucins, pursuant to a California wrongful attachment statute. The Trust Funds argue that either the wrongful attachment statute (at least to the extent that it authorizes attorneys’ fees for the work done in the underlying ERISA action) or the fee award itself is preempted by ERISA’s attorneys’ fee provision.
The underlying action was brought pursuant to § 502 of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132 , et. seq., and § 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185 , et seq. The district court had federal question jurisdiction pursuant to 29 U.S.C. § 1331 , and this Court has jurisdiction pursuant to 28 U.S.C. 1291.
The Trust Funds sought unpaid employee fringe benefit contributions pursuant to a welfare benefit plan from the restaurant II Pirata (owned by the Lucins) for the period from January 1, 1989 through March 1991. Pursuant to state law, the district court granted the Trust Funds a Writ of Attachment on $46,500 held for the Lucins, in a liquor license escrow, pending the outcome of the case on the merits. The Lucins unsuccessfully…