Cutter

MEMORANDUM *

Ralph W. Cutter (“Cutter”) appeals the district court’s summary judgment in favor of Northwest Administrators, Inc. (“Northwest”) in Northwest’s lawsuit for restitution of medical payments it made for the cancer treatment of Rosalie Dever-eaux (“Devereaux”), an individual Cutter listed as his spouse in his health plans. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Northwest was entitled to the equitable remedy of restitution despite the fact that Cutter never possessed the medical payments it made for Devereaux’s treatment. Cutter wrongfully signed Devereaux up for benefits under his health plans when she was not his wife. See Carpenters Health and Welfare Trust v. Vonderharr, 384 F.3d 667, 673 (9th Cir.2004). Devereaux could have been eligible for such benefits only if she and Cutter were married, and they were not. Cutter’s representation resulted in the improper payment of over $70,000 in medical benefits for Devereaux’s medical treatment. Those payments were “ill gotten gains.” See Mertens v. Hewitt *578 Associates, 508 U.S. 248, 260 , 113 S.Ct. 2063 , 124 L.Ed.2d 161 (1993); Cement Masons Health and Welfare Trust Fund for Northern Cali. v. Stone,…