Achem Industry America v. Superior Court CA2/4
In the underlying action, real party in interest Lin Ouyang asserted claims for fraud and breach of contract against petitioner Achem Industry America, Inc. (Achem), her former employer, alleging that Achem improperly allowed her employment-based health insurance coverage to lapse when she took a leave of absence from her employ-ment. Achem filed a motion for summary judgment or adjudication, contending the claims were preempted under the Employment Retirement Income Security Act of 1974 (29 U.S.C. § 1001 et seq.) (ERISA). After the trial court denied the motion, Achem sought relief from that ruling by writ of mandate. We conclude there are no triable issues of fact whether the claims are subject to ERISA preemption. Accordingly, we grant the petition for writ of mandate.
Comments on Achem Industry America v. Superior Court CA2/4