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Carpenters Southwest Administrative Corp. v. Precision Furniture Installations

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


September 3, 2010

CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, A CALIFORNIA NON-PROFIT CORPORATION; AND BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, PLAINTIFFS,
v.
PRECISION FURNITURE INSTALLATIONS, INC., A CALIFORNIA CORPORATION, DOING BUSINESS AS PRECISION MOVING AND STORAGE INC.; RONALD MCCARTHY, AN INDIVIDUAL; PRECISION MOVING AND STORAGE INC., A CALIFORNIA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Manuel Real United States District Judge

JUDGMENT

Honorable Manuel Real

DATE: August 23, 2010

This case came for hearing on August 16, 2010 before the Honorable Manuel Real, United States District Court Judge.

It appearing that defendants, PRECISION FURNITURE INSTALLATIONS, INC., a California corporation, doing business as PRECISION MOVING AND STORAGE INC., RONALD McCARTHY, an individual, and PRECISION MOVING AND STORAGE INC., a California corporation, having been regularly served with process, having failed to plead or otherwise defend this action and their default having been entered; on application of the CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, to the Court and after having considered the papers and arguments submitted in support thereof, and good cause appearing therefore,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS have judgment as follows:

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS' FIRST CLAIM FOR RELIEF AGAINST PRECISION FURNITURE INSTALLATIONS, INC., a California corporation, doing business as PRECISION MOVING AND STORAGE:

1. Unpaid contributions $245,693.90

2. Interest on the unpaid contributions pursuant to 29 U.S.C.A. 1132 (g)(2) (7 percent per annum) pursuant to the Trust Agreements from the due date to billing date 9,535.44

3. Audit Fees 3,023.00

4. Interest from due dates to August 16, 2010 (accruing at $47.76 per day) 27,383.40

5. Interest pursuant to 29 U.S.C.A. 1132(g)(2)(C) (double interest on contributions) 36,918.84

6. Attorneys' fees pursuant to Local Rule 55-3 8,765.05 GRAND TOTAL $331,319.63

7. Plus costs to be determined after entry of judgment.

8. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the rate of _____% per annum.

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS' THIRD AND FOURTH CLAIMS FOR RELIEF AGAINST RONALD McCARTHY:

1. Balance on first Personal Guarantee $70,910.15

2. Interest on the balance from February 1, 2009 to August 16, 2010 (accruing at $16.74 per day or 8.5% per annum) 9,274.05

3. Balance on second Personal Guarantee 50,659.83

4. Interest on the balance from April 15, 2009 to August 16, 2010 (accruing at $14.07 per day or 10% per annum) 6,767.67

5. Attorneys' fees pursuant to Local Rule 55-3 6,031.40 GRAND TOTAL $143,643.10

6. Plus costs to be determined after entry of judgment.

7. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the rate of _____% per annum.

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS' FIFTH CLAIM FOR RELIEF AGAINST PRECISION MOVING AND STORAGE INC., a California corporation:

1. For a determination that PRECISION MOVING is the successor to PRECISION FURNITURE;

2. Unpaid contributions $245,693.90

3. Interest on the unpaid contributions pursuant to 29 U.S.C.A. 1132 (g)(2) (7 percent per annum) pursuant to the Trust Agreements from the due date to billing date 9,535.44

4. Audit Fees 3,023.00

5. Interest from due dates to August 16, 2010 (accruing at $47.76 per day) 27,383.40

6. Interest pursuant to 29 U.S.C.A. 1132(g)(2)(C) (double interest on contributions) 36,918.84

7. Attorneys' fees pursuant to Local Rule 55-3 8,765.05 GRAND TOTAL $331,319.63

8. Plus costs to be determined after entry of judgment.

9. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the rate of _____% per annum.

Presented by, DeCARLO, CONNOR & SHANLEY A Professional Corporation GARRISON H. DAVIDSON Attorney for Plaintiffs

20100903

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