Del Castillo v. Community Child Care Council of Santa Clara County, Inc.

I. BACKGROUND

21 Plaintiffs Mario Del Castillo, Puthea Chea, and Michael Rasche filed this action on 22 December 21, 2017, asserting violations of the Employee Retirement Income Security Act of 1974 23 (“ERISA”), on behalf of themselves and others similarly situated. See ECF No. 1. Plaintiff Javier 24 Cardoza was added to the case in an amended complaint. See ECF No. 176. In the operative 25 complaint, Plaintiffs alleged that Defendants Community Child Care Council of Santa Clara County, 26 Inc. (“4Cs”), its Board of Directors, Ben Menor, Xiaoyan Xu, Clarance Madrilejos, James 27 McDaniel, Julienne La Fitte, Jaime Gallardo, and Faye Sears, in their official capacities as current and former trustees, and its former Executive Direct Alfredo Villasenor (collectively “4Cs Defendants”), along with Defendant Life Insurance Company of the Southwest (“LSW”), violated ERISA with their handling of 4Cs employee pension plans (“4Cs Plans”). See ECF No. 229. Plaintiffs alleged, inter alia, that the 4Cs Defendants had failed to keep required documentation of the 4Cs Plans and improperly purchased restrictive annuity accounts from…