Lehr et al v. Perri Electric, Inc., et al

Filing 17

ORDER signed by Senior Judge William B. Shubb on 10/17/2017 DENYING 9 Defendants' Motion to Dismiss. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL LEHR and COLLEEN LEHR,

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CIV NO. 2:17-01188 WBS GGH

Plaintiffs,
v.

ORDER RE: MOTION TO DISMISS

FRANK M. PERRI, PERRI
ELECTRIC, INC, a California
Corporation, PERRI ELECTRIC
INC. PROFIT SHARING PLAN,
PERRI ELECTRIC INC. PROFIT
SHARING FUND, and DOES 1-50,
,
Defendants.

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Plaintiffs Paul and Colleen Lehr brought this action

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against defendants Frank M. Perri, Perri Electric, Inc., Perri

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Electric Inc. Profit Sharing Plan, Perri Electric Inc. Profit

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Sharing Fund, and Does 1-50 alleging violations of the Employee

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Retirement Security act of 1974 (“ERISA”), 29 U.S.C. §§

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1132(a)(1)(B) and 1132(a)(3).

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Frank M. Perry and Perri Electric, Inc. Motion to dismiss for

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failure to state a claim.

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Before the court is defendants’

It is alleged in the complaint that Frank M. Perri was
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the sole shareholder and executive officer of the entity

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defendants; that Frank M. Perri acted as the authorized

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representative of the Plan(s) and made affirmative claims on the

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Plan(s) behalf to obtain insurance compensation and restitution

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on behalf of the Plan(s); that Frank M. Perri did not use the

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ERISA designated insurance and restitution proceeds for the

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benefit of the Plan(s) or beneficiaries, but rather used them for

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his own personal and/or business benefit, and; that Frank M.

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Perri and his entities failed and refused to respond to questions

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regarding the status of the Plan(s) and failed and refused to

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provide the Plan(s) documentation to plaintiffs.

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Because the foregoing facts are sufficient to state a

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claim, IT IS HEREBY ORDERED that defendants’ motion to dismiss

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be, and the same hereby is, DENIED.

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Dated:

October 17, 2017

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