KELLY ST. JULIAN V. JOSEPH ST. JULIAN, No. 10-55470 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 20 2012 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT KELLY ST. JULIAN, ) ) Plaintiff Appellant, ) ) v. ) ) JOSEPH ST. JULIAN, an individual, ) ) Defendant cross-claimant ) Appellee, ) ) and ) ) METROPOLITAN LIFE ) INSURANCE COMPANY, a New ) York corporation; BUSINESS EDGE ) SOLUTIONS LIFE INSURANCE ) PLANS, an ERISA Plan, ) ) Cross-defendants Appellees. ) ) No. 10-55470 D.C. No. 8:08-cv-00147-CJC-MLG MEMORANDUM* Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Submitted April 9, 2012** Pasadena, California Before: FERNANDEZ and SILVERMAN, Circuit Judges, and BLOCK,*** District Judge. Kelly St. Julian appeals from the district court s grant of summary judgment to Joseph St. Julian on her claim seeking to impose a constructive trust over the proceeds of an ERISA1 covered life insurance policy on the life of John St. Julian. We affirm. Kelly asserts that because she was John s surviving, though estranged,2 spouse, she can claim a community property interest in the proceeds. However, regardless of whether California would determine that Kelly had a community property interest in the policy, this court has clearly held that the preemption provision of ERISA3 precludes the imposition of a constructive trust upon the proceeds. See Carmona v. Carmona, 603 F.3d 1041, 1061 62 (9th Cir. 2010), cert. ** The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). *** The Honorable Frederic Block, Senior United States District Judge for the Eastern District of New York, sitting by designation. 1 Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 1461. 2 There can be no doubt that Kelly and John were living separately and that Kelly had filed for a dissolution of the marriage. 3 29 U.S.C. § 1144(a). 2 denied, ___ U.S. ___, 131 S. Ct. 1492, 179 L. Ed. 2d 305 (2011). As we said, a state law constructive trust cannot be used to contravene the dictates of ERISA. Id. at 1061.4 That being so, the district court properly granted summary judgment in favor of Joseph. While Kelly launches a number of attacks on Carmona s reasoning, we are bound by its holdings. See, e.g., Hart v. Massanari, 266 F.3d 1155, 1171 (9th Cir. 2001). AFFIRMED. 4 Carmona, 603 F.3d at 1062, did note that, perhaps, a constructive trust could be used to recover ill-gotten gains. However, there is no indication that Joseph s gains were ill-gotten. 3

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