Mihranian

Mihranian v. American General Life Insurance

Good Law
48 F. App'x 691
United States Court of Appeals for the Ninth CircuitOctober 11, 2002No. 01-56390, 02-55127; D.C. No. CY-99-00049-DOCCalifornia501 words

Opinion

Lead Opinion

*692 MEMORANDUM **

Paykar Construction, Inc. appeals the district court’s denial of its objection to a settlement between American General Life Insurance Company and Mardidos Mihranian, Susan Chobanian, and Medical Clinic & Surgical Specialties of Glendale, Inc. (collectively, the doctors). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err in rejecting Paykar’s objection by presuming that an ERISA pension plan exists instead of requiring the doctors to prove it, as Paykar maintains. By virtue of the settlement, American General returned funds into the ERISA defined benefit pension plan from which its agent had improperly withdrawn funds. Neither American General’s trial brief, nor Paykar’s Reply to Responses to Objection to Settlement, is evidence otherwise. Both Zavora v. Paul Revere Life Ins. Co., 145 F.Bd 1118 (9th Cir.1998), and Kanne v. Connecticut Gen. Life Ins. Co., 867 F.2d 489 (9th Cir.1988), upon which Paykar relies, involved a dispute between an alleged ERISA plan and individual beneficiaries and are not authority for imposing any burden on the doctors in this ease. Regardless, the record indicates that funds were…

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