SAN DIEGO — A former employee is suing Marc Reiner and DOES 1-10, plan administrator, citing alleged violation of the Employee Retirement Income Security Act (ERISA).
Deborah Schmidt filed a complaint on Oct. 21, in the U.S. District Court for the Southern District of California against the defendants alleging that they breached its duty of good faith and fair dealing.
According to the complaint, the plaintiff alleges that, on Jan. 15, 2015, she made a request for distribution payout to defendant Reiner, employer of plaintiff, which was entitled to her since Dec. 31, 2014. The defendant refused to distribute her rightful interest in the plan, thereby causing monetary damages to plaintiff.
The plaintiff holds Marc Reiner and DOES 1-10 responsible because the defendants allegedly denied to distribute plaintiff's rightful interest under the employee pension plan that was established and maintained for the benefit of their employees and retirees.
The plaintiff requests a trial by jury and seeks judgment in her favor, declaratory relief, recovery of benefits plus interest, attorneys' fees, costs of suit and other relief as the court deems just. She is represented by Robert E. Schroth Jr. and Travis E. Davis of Schroth, Schroth & Madigan in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02626