LOS ANGELES — A plan administrator has taken action against a sibling and trustee, seeking declaratory relief and complaint for interpleader.

California Institute of the Arts filed a complaint Sept. 28 in U.S. District Court for the Central District of California against Anthony A. Allen and Jeffrey P. Anquin, alleging that they failed to resolve amongst themselves the rightful plan beneficiary of Susan E. Allen, who is deceased.

According to the complaint, the plaintiff alleges that the California Institute of the Arts as employer and plan administrator of its employees' retirement plans, files this complaint in good faith and without collusion with any of the parties. More so, it does not know which of the defendants is the proper recipient of the benefits of the decedent, Susan E. Allen, which prevents the plaintiff from paying the benefits without hazard to itself and without risk of multiple liabilities for a single fund. 

The plaintiff holds Anthony A. Allen and Jeffrey P. Anquin responsible because the defendants allegedly both claimed rights to the decedent's benefits under the plan and have been unable to resolve their disputed claims to date.

The plaintiff requests a trial by jury and seeks judgment against the defendants, to discharge the employer and the plan administrator from all liability, declare rightful beneficiary, restrain defendants from commencing any court action, award attorneys' fees, costs and further relief as may be just. It is represented by Joseph C. Faucher of Trucker Huss in Los Angeles and Dylan D. Rudolph of Trucker Huss in San Francisco.

U.S. District Court for the Central District of California case number 2:16-cv-07284

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