Lehr et al v. Perri Electric, Inc., et al
ORDER signed by Senior Judge William B. Shubb on 10/17/2017 DENYING 9 Defendants' Motion to Dismiss. (Kirksey Smith, K)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
PAUL LEHR and COLLEEN LEHR,
CIV NO. 2:17-01188 WBS GGH
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,
Plaintiffs Paul and Colleen Lehr brought this action
against defendants Frank M. Perri, Perri Electric, Inc., Perri
Electric Inc. Profit Sharing Plan, Perri Electric Inc. Profit
Sharing Fund, and Does 1-50 alleging violations of the Employee
Retirement Security act of 1974 (“ERISA”), 29 U.S.C. §§
1132(a)(1)(B) and 1132(a)(3).
Frank M. Perry and Perri Electric, Inc. Motion to dismiss for
failure to state a claim.
Before the court is defendants’
It is alleged in the complaint that Frank M. Perri was
the sole shareholder and executive officer of the entity
defendants; that Frank M. Perri acted as the authorized
representative of the Plan(s) and made affirmative claims on the
Plan(s) behalf to obtain insurance compensation and restitution
on behalf of the Plan(s); that Frank M. Perri did not use the
ERISA designated insurance and restitution proceeds for the
benefit of the Plan(s) or beneficiaries, but rather used them for
his own personal and/or business benefit, and; that Frank M.
Perri and his entities failed and refused to respond to questions
regarding the status of the Plan(s) and failed and refused to
provide the Plan(s) documentation to plaintiffs.
Because the foregoing facts are sufficient to state a
claim, IT IS HEREBY ORDERED that defendants’ motion to dismiss
be, and the same hereby is, DENIED.
October 17, 2017
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