Villasenor

I. BACKGROUND

19 Plaintiff Alfredo Villasenor filed this action to recover benefits under two retirement plans 20 sponsored by his former employer, Defendant Community Child Care Council of Santa Clara 21 County, Inc. (“4Cs”). ECF 1. On July 6, 2020, the Court granted summary judgment in favor of Villasenor for Villasenor’s first cause of action for benefits under ERISA § 502(a)(1)(B), 29 24 U.S.C. § 1132(a)(1)(B). MSJ Order, ECF 77 at 15. This Court determined that (1) Villasenor was 25

1 This motion functions as a second motion for summary judgment in violation of the Court’s entitled to benefits under the 4Cs Employee Profit Sharing Plan (“Qualified Plan”) and the 4Cs 1 Non-Qualified Pension Plan (“Non-Qualified Plan”), (2) Defendants were required to pay Villasenor’s claim under both retirement plans, and (3) Villasenor was entitled to all past benefits due and owing, plus interest and reimbursements of any penalties assessed as a result of 5 Villasenor’s inability to obtain distributions from the retirement plans. Id. The Court did not, 6 however, determine the amount due to Villasenor, as that question was beyond the scope of the 7 motion.…