Bedrosian v. Tenet Healthcare Corporation, 2000 U.S. App. LEXIS 2840 (9th Cir. Feb. 23, 2000) (unpublished)

Bedrosian v. Tenet Healthcare Corporation, 2000 U.S. App. LEXIS 2840 (9th Cir. Feb. 23, 2000) (unpublished) -Appellant Bedrosian sued his former employer Tenet Healthcare Corporation for retirement benefits allegedly owed to him under the terms of his employment agreement with Tenet ("Employment Agreement"); Tenet's Supplemental Executive Retirement Plan of April 27, 1983, as amended ("SERP I"); and Tenet's Supplemental Executive Retirement Plan of November 1, 1984, as amended ("SERP II"). The district court dismissed Bedrosian's claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. This court affirmed.

Bedrosian’s argument that the Employment Agreement modified the SERP II to vest his SERP II Benefits immediately upon the termination of his employment did not persuade the court.  The unambiguous language of Section 7(b) of the Employment Agreement shows that it does not apply to retirement benefits available under the SERP II. Second, Bedrosian’s collateral estoppel argument failed since he did not show detrimental reliance.

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