Mir
Mir v. Southern California Industry Health & Welfare Trust Fund
Opinion
Lead Opinion
MEMORANDUM **
Jehan Zeb Mir, M.D., appeals pro se the district court’s order denying his motion for a default judgment against the Southern California Provision Industry Health and Welfare Trust Fund (the “Trust Fund”) and sua sponte granting summary judgment for the Trust Fund. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo, see Balint v. Carson City, Nev., 180 F.3d 1047, 1050 (9th Cir.1999) (en banc), and denial of a motion for default judgment for abuse of discretion, see Aldabe v. Aldabe, 616 F.2d 1089, 1092-93 (9th Cir.1980) (per curiam). We affirm.
Dr. Mir’s claims for breach of contract and misrepresentation against the Trust Fund are preempted by the Employee Retirement Income Security Act, see Davidi-an v. So. Cal. Meat Cutters Union & Food Employees Benefit Fund, 859 F.2d 134, 135 (9th Cir.1988), as is his claim that the Trust Fund violated the Knox-Keene Health Care Service Plan Act of 1975, Cal. Health & Safety Code § 1371 , see Hewlett-Packard Co. v. Barnes, 571 F.2d 502, 504 (9th Cir.1978) (per curiam). In addition, Dr. Mir’s estoppel claim against the Trust Fund fails as a matter of law in the “face of contrary, written plan…