Guthart

Guthart v. White

Good Law
2001 Daily Journal DAR 9632·263 F.3d 1099·2001 WL 1008142·168 L.R.R.M. (BNA) 2238·26 Employee Benefits Cas. (BNA) 2285
United States Court of Appeals for the Ninth CircuitSeptember 5, 2001Nos. 99-16007, 99-16051California2,466 words

Opinion

Lead Opinion

Berzon, J.

Marvin Guthart appeals the district court’s grant of summary judgment in favor of Appellees/Cross-Appellants, trustees of a union trust fund from which Gut-hart claims entitlement to health benefits. Guthart also appeals the award of attorneys’ fees against him. Respondents cross-appeal the district court’s award of only partial attorneys’ fees. We affirm as to the merits.

I. Background

Guthart, a journeyman electrician and a member of International Brotherhood of Electrical Workers Local 357, worked for R.G. Electric as a general foreman from 1993 until April 1996. During that time, R.G. Electric made contributions to various union benefit funds on Guthart’s behalf. When R.G. Electric went out of business in April 1996, Guthart went to work for Poser Electric, where he continued to work until recently. Guthart worked as an estimator and job supervisor for Poser Electric; he did not perform any work as an electrician.

During his employment with Poser Electric, Guthart maintained his union membership, and the company made contributions to the Electrical Workers Health & Welfare Trust Fund (“Trust Fund”) on Guthart’s behalf. The Trust Fund’s purpose is “to provide health and…

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