UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
July 6, 2009
CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
FLORO MAGNAYE ROSAL, AN INDIVIDUAL DOING BUSINESS AS ROYAL CONSTRUCTION, DEFENDANT.
The opinion of the court was delivered by: A. Howard Matz, United States District Court
ORDER GRANTING SUMMARY JUDGMENT AND JUDGMENT FOR MONETARY DAMAGES; AND PERMANENT INJUNCTION
DATE: OCTOBER 20, 2008
TIME: 10:00 A.M.
PLACE: COURTROOM 14 SPRING STREET
DISCOVERY CUT-OFF: SEPTEMBER 8, 2008
PRE-TRIAL DATE: DECEMBER 1, 2008
TRIAL DATE: DECEMBER 16, 2008
The Court, having heard the Plaintiffs' Motion for Summary Judgment or in the Alternative for Summary Adjudication of Issues, for a Final Order for Accounting and Permanent Injunction, after considering all of the evidence and argument presented by the parties, hereby grants the motion.
The Court finds that Plaintiff has established all facts to support judgment as a matter of law against Defendant, FLORO ROSAL an individual doing business as ROYAL CONSTRUCTION, and
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
1. Judgment is entered in favor of the plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited liability company (hereinafter "ADMINCO"), an administrator of, agent for collection for, fiduciary to, and on behalf of, the LABORERS HEALTH AND WELFARE TRUST FUND FOR SOUTHERN CALIFORNIA, CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA, CONSTRUCTION LABORERS VACATION TRUST FOR SOUTHERN CALIFORNIA, and LABORERS TRAINING AND RE-TRAINING TRUST FUND FOR SOUTHERN CALIFORNIA (hereinafter collectively "TRUST FUNDS"), and against FLORO ROSAL an individual doing business as ROYAL CONSTRUCTION ("EMPLOYER"), for the principal sum of $61,495.69, plus $28,909.85 in interest, $22,725.00 for attorney's fees; and $1,098.22 in costs, for a total monetary judgment in the amount of $114,228.76.
2. The money judgment entered in this action is for known delinquencies incurred by EMPLOYER on his Jefferson Middle School, San Gabriel Elementary School and Nightingale Middle School projects, during the period from January 2003 through January 2004 only based upon a partial audit of the records produced by EMPLOYER on said projects. Since TRUST FUNDS were unable to conduct a complete audit of EMPLOYER'S records, as to the time period from January 2003 and thereafter, entry of the money judgment in this action shall not be or operate as a bar and/or res judicata as to either the amount of delinquencies which may be discovered by any further audit conducted by ADMINCO or the TRUST FUNDS' representatives and/or disclosed through claims submitted by employees, and/or in any action brought to recover the subsequently disclosed delinquencies.
3. IT IS FURTHER ADJUDGED AND DECREED, that a Permanent Injunction is issued against, EMPLOYER, its managing employees, successors, agents, and all others acting in active concert or participation with EMPLOYER, and EMPLOYER is required to:
(a) Deliver, or cause to be delivered, to the offices of the Construction Laborers Trust Funds for Southern California no later than 4:30 p.m., on the 20th day of each month:
(b) A complete, truthful, and accurate "Employers Monthly Report to Trustees", covering all hours worked by employees of EMPLOYER covered by the Collective Bargaining Agreement with the Southern California District Council of Laborers on all Los Angeles Unified School District projects covered by the "Project Stabilization for Los Angeles Unified School District Proposition BB New School Construction and Major Rehabilitation" and "Project Stabilization Agreement - New School Construction and Major Rehabilitation Funded by Proposition BB And/Or Measure K" (collectively "PSA");
(c) An affidavit or declaration from EMPLOYER attesting from his own personal knowledge, under pain of perjury, to the completeness, truthfulness and accuracy of the "Employers Monthly Report to the Trustees"; and
(d) A Cashier's check or certified check for the full amount shown as owing by said report payable to the Construction Laborers Trust Funds for Southern California.
THE FAILURE OF EMPLOYER TO COMPLY WITH THIS ORDER MAY BE GROUNDS FOR CONTEMPT OF COURT.
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