SCROGGY ET AL.

v.

SUMMERS

Citator

Cited By

• Ret. Fund Tr. OF THE Plumbing v. Franchise TAX Bd., 909 F.2d 1266 (9th Cir. 1990)
  …l courts have exclusive jurisdiction over ERISA claims22 and may enjoin other state actions that violate ERISA.23 General Motors v. California Bd. of Equalization, 815 F. 2d 1305, 1308 (9th Cir.1987), cert. denied sub nom. General Motors v. Bennett, 485 U.S. 941, 108 S.Ct. 1122, 99 L.Ed.2d 282 (1988); Ashton v. Cory, 780 F. 2d 816, 821-22 (9th Cir.1986). The Board concedes that under California law, the trusts cannot bring a direct action in state court to challenge the Board’s income tax collection proced…
• Harriette Turnbow v. Pac. Mut. Life Ins. Co., 934 F.2d 1100 (9th Cir. 1991)
  …ing the preemption issue. See, e.g. General Motors Corp. v. California Bd. of Equalization, 815 F. 2d 1305, 1307-09 (9th Cir.1987) (reaching the abstention issue where parallel state court proceeding had not ruled on ERISA preemption), cert. denied, 485 U.S. 941, 108 S.Ct. 1122, 99 L.Ed.2d 282 (1988). Instead of appealing the stay, however, Pacific Mutual chose to wait for the state court’s decision, which it trusted would be in its favor. Pacific Mutual’s litigation strategy failed. This court no longer ha…