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Carpenters Southwest Administrative Corp. v. Cal-Pacific Construction Company

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


February 6, 2009

CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, A CALIFORNIA NON-PROFIT CORPORATION; AND BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, PLAINTIFFS,
v.
CAL-PACIFIC CONSTRUCTION COMPANY, INC., A CALIFORNIA CORPORATION; MARYAM MAZI, AN INDIVIDUAL; YOUSEF YOUSEFPOUR, AN INDIVIDUAL; SURETY COMPANY OF THE PACIFIC, A CALIFORNIA CORPORATION, AND DOES THROUGH 10 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: The Honorable George H. King United State District Judge

[PROPOSED] JUDGMENT

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs, CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, ("PLAINTIFFS"), shall have judgment against defendants, CAL-PACIFIC CONSTRUCTION COMPANY, INC., a California corporation, YOUSEF YOUSEFPOUR, an individual and MARYAM MAZI, an individual, ("PLAINTIFFS") as follows:

For an order compelling submission to an audit (the "Audit") by CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION to determine the amount of contributions owed to PLAINTIFFS, if any, for work performed by DEFENDANTS for the time period November 1, 2005 and June 30, 2008.

For an order compelling DEFENDANTS, within 30 business days of being notified of the Audit findings, to notify TRUST FUND ADMINISTRATIVE SERVICES, ("TFAS") of any disputed amounts. DEFENDANTS and TFAS shall attempt to resolve the disputed amounts.

For an order compelling DEFENDANTS, within 60 days of being notified of the Audit findings, to pay the undisputed amounts of such Audit to be due and owing to the Carpenters Southwest Trusts (the "Trusts"). If there is a balance due to DEFENDANTS following the completion of the Audit, DEFENDANTS will be reimbursed the balance due within 30 days of completion of the audit.

For an order compelling DEFENDANTS to provide, for the purposes of conducting the Audit, DEFENDANTS' cancelled checks available to them for the Audit period, DEFENDANTS' check register (used by DEFENDANTS to record all check disbursements, check recipients' names, dollar amounts, and dates of payment), unredacted bank statements that show payroll payments made by DEFENDANTS where cancelled checks are unavailable, and a copy of DEFENDANTS' "payroll spreadsheet" maintained by DEFENDANTS in order to reflect payroll disbursements.

For an order compelling DEFENDANTS to provide all cancelled checks for all such discrepancies found in the check register, including but not limited to missing or out of sequence entries in DEFENDANTS' check register, where needed and requested by TFAS field auditors, to be provided to TFAS within 30 business days of such request.

20090206

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