Westaff USA) Inc. v. Arce

298 F.3d 1164 WESTAFF (USA) INC., a California corporation (as Administrator of the Western Staff Services Employee Health Plan) dba Western Staff Services, Plaintiff-Appellant, v. Betty ARCE, a single woman, Defendant-Appellee. No. 00-16178. No. 01-15751. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 2002. Filed August 15, 2002. Mark S. Sifferman, Norling, Kolsrud, Sifferman & Davis, P.L.C., Phoenix, AZ, for the plaintiff-appellant. Andrew C. Hubert, Gilbert, Kelly, Crowley & Jennett, LLP, Riverside, CA, for the defendant-appellee. Appeal from the United States District Court for the District of Arizona; Morton Sitver, Magistrate, Presiding. Before SCHROEDER, Chief Judge, FISHER and PAEZ, Circuit Judges. OPINION SCHROEDER, Chief Judge. 1 Westaff (USA), Inc. appeals the dismissal of its action for reimbursement of medical benefits paid to Betty Arce, and the award of attorney's fees to Arce, a beneficiary of Westaff's ERISA employee benefit plan. The issue is whether Westaff could bring this action seeking a money judgment in federal court, despite the provision in ERISA permitting suits only for equitable relief. See 29 U.S.C. § 1132…