Kelly St. Julian v. Joseph St. Julian
Opinion
Opinion
MEMORANDUM
Kelly St. Julian appeals from the district court’s grant of summary judgment to Joseph St. Julian on her claim seeking to impose a constructive trust over the pro ceeds of an ERISA covered life insurance policy on the life of John St. Julian. We affirm.
Kelly asserts that because she was John’s surviving, though estranged, spouse, she can claim a community property interest in the proceeds. However, regardless of whether California would determine that Kelly had a community property interest in the policy, this court has clearly held that the preemption provision of ERISA precludes the imposition of a constructive trust upon the proceeds. See Carmona v. Carmona, 603 F.3d 1041, 1061-62 (9th Cir.2010), cert. denied, — U.S.-, 131 S.Ct. 1492 , 179 L.Ed.2d 305 (2011). As we said, “a state law constructive trust cannot be used to contravene the dictates of ERISA.” Id. at 1061. That being so, the district court properly granted summary judgment in favor of Joseph. While Kelly launches a number of attacks on Carmona’s reasoning, we are bound by its holdings. See, e.g., Hart v. Massanari, 266 F.3d 1155, 1171 (9th Cir. 2001).