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California Court of Appeal


Totten v. Hill, A114467

In breach of contract dispute over a benefit plan participant's recovery of a medical malpractice settlement, summary judgment for defendant is vacated and the complaint is dismissed where: 1) plaintiff trustees had a federal ERISA claim for reimbursement over which the federal courts exercise exclusive subject matter jurisdiction; and 2) state courts not only lack concurrent jurisdiction over ERISA claims for reimbursement, but their jurisdiction over state law claims is displaced by ERISA.

Appellate Information

  • Decided 08/13/2007
  • Published 08/13/2007

Judges

  • SIMONS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Stanton, Kay & Watson and Anne M. Bevington, San Francisco, for Plaintiffs and Appellants.

  • For Appellees:
  • Halkides, Morgan & Kelley and John P. Kelley, Redding, for Defendant and Respondent.
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