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Bay Area Painters and Tapers Pension Trust Fund, et al v. Northern Pacific Drywall

February 8, 2012

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL.,
PLAINTIFFS,
v.
NORTHERN PACIFIC DRYWALL, INC., A CALIFORNIA CORPORATION, AND DARRIN MICHAEL SPANN, AN INDIVIDUAL, DEFENDANTS.



FIRST AMENDED JUDGMENT PURSUANT TO STIPULATION [PROPOSED] ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto, that First Amended Judgment shall be entered in the within action in favor of the Plaintiffs BAY AREA PAINTERS 20 AND TAPERS PENSION TRUST FUND, et al. (collectively "Plaintiffs" or "Trust Funds") and 21 against Defendants NORTHERN PACIFIC DRYWALL, INC, a California Corporation, and 22 DARRIN MICHAEL SPANN, an individual, and/or alter egos and/or successor entities 23 (collectively "Northern Pacific" or "Defendants"), as follows: 24

1. Defendants entered into a valid Collective Bargaining Agreement with the 19 District Council 16 of the International Union of Painters and Allied Trades (hereinafter 26 "Bargaining Agreement"). This Bargaining Agreement has continued in full force and effect to 27 the present time. 28

2. A Judgment Pursuant to Stipulation ("Stipulation") was entered by the Court on May 17, 2011, in the amount of $63,787.11 (including conditionally waived liquidated damages in 2 the amount of $10,214.53) plus 5% per annum interest. Defendants made several payments on the 3 Stipulation, but then defaulted by not remaining current in contributions.

Defendants are currently indebted to the Trust Funds in the total sum of $84,445.30, including all of the following amounts, calculated as of January 17, 2012: 6

(a) Original Judgment Pursuant to Stipulation: Judgment Pursuant to Stipulation (conditional amount): $53,572.58 Credits (principal paid): ($40,074.62) 8 Subtotal: $23,712.49 Subtotal: $3,911.00 Balance due on Stipulation (conditional amount) as of 1/17/12: $13,497.96 Conditionally waived Liquidated Damages (9/10-3/11): $10,214.53 9

(b) Additional Amounts Due on Account: September through November 2011 Contributions: $47,089.74 20% Liquidated Damages (9/11-11/11): $9,417.95 13 5% Interest through 1/17/12 (9/11-11/11): $314.12 Subtotal: $56,821.81

(c) Additional Attorneys' Fees and Costs: Additional Attorneys Fees (4/27/11-1/17/12): $3,861.00 16 amounts, as follows: each month thereafter, for a period of twelve (12) months, through and including January 15, Additional Costs (through 1/17/12): $50.00 TOTAL DUE: $84,445.30

4. Defendant shallpay the amount of $84,445.30, representing all of the above

(a) Beginning on or before February 15, 2012, and on or before the 15th day of 2013, Defendants shall pay to Plaintiffs the amount of $7,229.00 per month; 24

(b) Payments may be made by joint check to Defendants and Plaintiffs' Trust Funds, and if so, shall be endorsed by Defendants prior to submission to Plaintiffs; 26

(c) Defendants shall have the right to increase the monthly payments at any 27 time, without penalty; 28

(d) Payments shall be applied first to unpaid interest and then to unpaid principal. The unpaid principal balance shall bear interest at the rate of 5% per annum, from 2 January 18, 2012, in accordance with Plaintiffs' Trust Agreements;

(e) Payments shall be made payable to the "District Council 16 Northern California Trust Funds" and delivered to Michele R. Stafford at Saltzman & Johnson Law 5 Corporation, 44 Montgomery Street, Suite 2110, San Francisco, California 94104, or to such 6 other address as may be specified by Plaintiffs, to be received on or before the 15th day of each 7 month. 8 writing of the final amount due, including interest and any additional attorneys' fees and costs, as 10 well as any other amounts due under the terms herein. Any additional amounts due pursuant to 11 the provisions hereunder shall be paid in full with the final stipulated payment on January 15, 12 2013. 13 14 this Stipulation to $11,000.00 or less, Defendants will be notified, and may submit a written 15 request for a waiver of the $10,214.53 in liquidated damages that were included in the Original 16 Judgment Pursuant to Stipulation. The letter shall be directed to the Board of Trustees, but sent to 17 Saltzman and Johnson Law Corporation. Defendants will then be advised as to whether or not the 18 waiver has been granted. If the waiver is granted, upon bank clearance of Defendants' last 19 payment of the conditional balance, assuming Defendants' account is otherwise current, Plaintiffs 20 will file a Notice of Satisfaction of Judgment with the Court. However, if the waiver is denied, 21 monthly payments will continue until all liquidated damages due have been paid. 22

(f) Prior to Defendants' final payment, Plaintiffs shall notify Defendants in

(g) At the time that Defendants have reduced the principal ...


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