SAN FRANCISCO – The surviving spouse of a Pacific Gas and Electric Co. employee alleges waivers that she signed for her late husband's pre-retirement benefits were invalid and that she is the rightful beneficiary.
Gloria Nunez filed a complaint on Dec. 30 in the U.S. District Court for the Northern District of California against Pacific Gas and Electric Co. Retirement Plan citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiff is the wife of the late Daniel Nunez. The plaintiff alleges that she is primarily a Spanish-speaking individual and alleges that her late husband's daughter had the plaintiff sign documents that would make the daughter the beneficiary of her husband's benefits. She alleges she did not understand what she was signing because the documents were in English. The plaintiff holds Pacific Gas and Electric Co. Retirement Plan responsible because the defendant allegedly ruled that Daniel Nunez's daughter was the person entitled to receive those benefits and not plaintiff despite her appeal, that she was threatened in order to sign the documents by the daughter.
The plaintiff seeks award the plaintiff pre-retirement benefit left by Daniel Nunez, interest, all legal fees and any other relief as the court deems just. She is represented by Crisostomo G. Ibarra and Gener D. Benitez of Ibarra Professional Law Corp. in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-07412