Mora

MEMORANDUM *

Balbino Mora appeals an order of the district court granting summary judgment in favor of defendants, Shin Honda and Shin Honda, Inc. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Mora’s suit was brought pursuant to § 502 of the Employee Retirement Income Security Act of 1974 (“ERISA”), 1 which provides, in part, that “[a] civil action may be brought by a participant or beneficiary ... to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan.” 29 U.S.C. § 1132 (a)(1)(B). In order to bring a suit under ERISA, Mora “must be an ERISA ‘participant’ or ‘beneficiary 1 who may be entitled to benefits” under an ERISA plan. Crotty v. Cook, 121 F.3d 541, 544 (9th Cir.1997) (quoting 29 U.S.C. § 1132 (a)(1)).

Mora is an ERISA participant, and he may be entitled to benefits under an ERISA plan. However, “ ‘ERISA permits suits [under § 1132(a)(1)(B)] to recover benefits only against the Plan as an entity.’ ” Everhart v. Allmerica Fin. Life Ins. Co., 275 F.Bd 751, 754 (9th Cir.2001) (quoting Gelardi v. Pertec Computer Corp., 761…