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CALL v. SUMITOMO BANK OF CALIFORNIA

No. C-87-2271 EFL.

689 F.Supp. 1014 (1988)

Sterling CALL, Ralph Robinson, and Edison Willers, as individuals; Sterling Call and Ralph Robinson, as Plan Administrators of the Phase II Corporation Restated Profit Sharing Plan; and Sterling Call, Kenneth Friedman, and Edison Willers as Plan Administrators of the California Etching Corporation Restated Profit Sharing Plan, Plaintiffs, v. SUMITOMO BANK OF CALIFORNIA, a California Corporation, Ray W. Sherman, Jr., an individual, Khateeb A. Lateef, an individual, and Lateef Management Associates, a partnership, Defendants.

United States District Court, N.D. California.

June 28, 1988.

Attorney(s) appearing for the Case

Bruce H. Jackson, Baker & McKenzie, San Francisco, Cal., for plaintiffs.

David B. Flinn, Esq., Leland, Parachini, Steinberg, Flinn, Matzger & Melnick, Steven E. Schon, Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, Cal., for defendants.

MEMORANDUM DECISION

LYNCH, District Judge.

Plaintiffs brought this action under the federal Employee Retirement Income Security Act ("ERISA"), seeking recovery individually and on behalf of two ERISA-regulated Profit Sharing Plans. The case is presently before the Court on defendants' motion to dismiss. For the reasons explained below, this Court grants the motion.

FACTS

According to plaintiffs' complaint, the facts are as follows. In December...

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