Groves
Groves v. Kaiser Foundation Health Plan Inc.
Opinion
Lead Opinion
Rogers, J.
Order Granting Motion to Dismiss and Dismissing First Amended Complaint without Prejudice
I. INTRODUCTION
Before the Court is a motion to dismiss the First Amended Complaint of Plaintiff *1077 Ramona Groves. As alleged therein: In November 2009, Plaintiff accepted an offer of early retirement from her employer, Defendant Kaiser Foundation Health Plan, Inc. (“Kaiser”). Plaintiff was then 55 years old and making $140,000 per year, plus benefits. Plaintiff opted for a lump-sum payout of her pension benefit. Before her official retirement date, Plaintiff repeatedly inquired into the amount of her payout. The Kaiser Permanente Salaried Retirement Plan (“Plan”) repeatedly responded, orally and in writing, through statements delivered by Defendant Hewitt, 1 that Plaintiff was eligible for a lump sum payout of roughly $750,000, with the final amount calculated to be $766,889.54. The Plan paid that amount to Plaintiff in January 2010. Not surprisingly, Plaintiff comingled the funds with her personal accounts and paid taxes on the monies received.
Twenty-two months later, in November 2011, a representative of the Kaiser Per-manente Retirement Center notified Plaintiff that she had been…