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Carpenters Southwest Administrative Corporation v. United Drywaller's

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


September 4, 2012

CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, A CALIFORNIA NON-PROFIT; AND BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, PLAINTIFFS,
v.
UNITED DRYWALLER'S, INC., A CALIFORNIA CORPORATION; LUIS MANUEL PULIDA, AN INDIVIDUAL; ROGER CARLYLE CONDON, AN INDIVIDUAL; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: The Honorable R. Gary Klausner United States District Judge

REVISED JUDGMENT

Before the Honorable R. Gary Klausner

DATE: August 20, 2012 TIME: 9:00 a.m. CTRM: 850

It appearing that defendants, UNITED DRYWALLER'S, INC., a California corporation and LUIS MANUEL PULIDA, an individual, 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 UNITED DRYWALLER'S, INC., a California corporation:

1. Unpaid contributions $66,838.42

2. Liquidated damages based on original contributions 16,159.14

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 audit billing date 1,591.39

4. Audit Fees 719.10

5. Interest from audit billing date to August 20, 2012 (accruing at $15.93 per day) 13,147.17

6. Attorneys' fees pursuant to Local Rule 55-3 5,012.32 GRAND TOTAL $103,467.54

7. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the legal rate.

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS' SECOND CLAIM FOR RELIEF FOR DEFALCATION AGAINST LUIS MANUEL PULIDA, an individual:

1. Unpaid contributions $11,988.00

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 August 20, 2012 (accruing at $2.29 per day) 1,664.02

3. Attorneys' fees pursuant to Local Rule 55-3 1,319.28 GRAND TOTAL $14,971.30

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

5. 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 CLAIM FOR RELIEF AGAINST UNITED DRYWALLER'S, INC., a California corporation:

1. For issuance of a permanent injunction restraining and enjoining UNITED DRYWALLER'S, INC., a California corporation ("CORPORATION"), for so long as it remains bound to make any payments or contributions to the PLANS, from failing to deliver or cause to be delivered to CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, the following:

a. Complete, truthful and accurate Employers Monthly Reports to Trustees for the period February 2012 and April 2012 to the present,

b. A complete, truthful and accurate Employers Monthly Report to Trustees covering all employees of CORPORATION, employed during the previous month under the AGREEMENT,

c. A declaration from a responsible employee of CORPORATION, attesting from his or her personal knowledge under penalties of perjury to the completeness, truthfulness and accuracy for CORPORATION's Monthly Report; and

d. Checks for the full amount shown as owing to each Trust on CORPORATION's Monthly Report, payable as designated on the Monthly Report.

Presented by, DeCARLO, CONNOR & SHANLEY A Professional Corporation

By: /s/ Margaret R. Gifford 8/28/12 MARGARET R. GIFFORD Attorney for Plaintiffs

20120904

© 1992-2012 VersusLaw Inc.



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