What is the burden of establishing an ERISA plan?
California, United States of America
The following excerpt is from Marshall v. Bankers Life & Casualty Co., 10 Cal.Rptr.2d 72, 2 Cal.4th 1045, 832 P.2d 573 (Cal. 1992):
The existence of an ERISA plan is a question of fact, to be answered in light of all of the surrounding circumstances as viewed by a reasonable person. (Kanne v. Connecticut General Life Ins. Co. (9th Cir.1988) 867 F.2d 489, 492.) The burden is on defendants to prove facts necessary to establish the defense of ERISA preemption. (Id. at p. 492, fn. 4.)
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