Petelski

MEMORANDUM **

The Trustees of the Operating Engineers Pension Trust appeal the district court’s grant of summary judgment on their claims that Janet and Richard Petelski-breached a collective bargaining agreement (CBA) in violation of the Employee Retirement Income Security Act and the Labor Management Relations Act. The Petelskis cross appeal the district court’s denial of attorney’s fees. We affirm both rulings.

Richard Petelski, and his unincorporated business “Rick’s Equipment,” were not bound to the terms of the CBA by operation of California community property law. The plain text of the CBA binds only Janet Petelski and her unincorporated business “JR Rentals.” Although California Family Code § 910(a) allows the debts of one spouse to be satisfied from community assets — including a community property business under Family Code § 1100(d), see William Bassett, California Community Properly Law, § 9:21 (2007) — California law does not automatically extend the contractual obligations of one spouse to the other such that entirely new debts are created.

The district court correctly granted summary judgment with regard to the trustees’ alter ego claim because the trustees…