Wong
Wong v. BEI Hotel
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BENNY WONG, et al., Case No. 21-cv-06271-EMC
Plaintiffs,
ORDER GRANTING DEFENDANTS’
v. MOTION TO DISMISS FIRST
AMENDED COMPLAINT
BEI HOTEL, et al., Docket No. 32 Defendants.
12 13 I. OVERVIEW Sixteen individual employee-plaintiffs bring this action against Defendants BEI Hotel and Davidson Hospitality Group, claiming embezzlement, negligence, negligent misrepresentation, intentional misrepresentation, breach of fiduciary duty, violation of California Labor Code §§ 227, 227.5, violation of California Business and Professions Code § 17200, conversion, and constructive trust. The claims arise out of Defendants’ alleged failure to contribute pension funds into the employee-plaintiffs’ ERISA-regulated pension accounts. On April 25, 2022 Defendants filed a motion to dismiss Plaintiffs’ first amended complaint. Docket No. 32. Having considered the parties’ briefs and the arguments presented at the…