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Northern California Glaziers, Architectural v. Sandman Glass

January 14, 2013

NORTHERN CALIFORNIA GLAZIERS, ARCHITECTURAL METAL AND GLASS WORKERS PENSION TRUST FUND, ET AL.,
PLAINTIFFS,
v.
SANDMAN GLASS, INC., A CALIFORNIA CORPORATION,
DEFENDANT.



AMENDED JUDGMENT PURSUANT TO STIPULATION; [PROPOSED] ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto, that Judgment shall be 18 entered in the within action in favor of the Plaintiffs NORTHERN CALIFORNIA GLAZIERS, 19 ARCHITECTURAL METAL AND GLASS WORKERS PENSION TRUST FUND, et al. 20 (collectively "Plaintiffs" or "Trust Funds") and against Defendant SANDMAN GLASS, INC., a 21

California Corporation, and/or alter egos and/or successor entities, as follows: 22

1. Defendant entered into a valid Collective Bargaining Agreement with the District Council 16 of the International Union of Painters and Allied Trades and the Northern 24 California Glass Management Association (hereinafter "Bargaining Agreement"). This Bargaining 25 Agreement has continued in full force and effect to the present time.

2. Defendant has become indebted to the Trust Funds as follows: 2

Work Total Unpaid 20% 5% Subtotals Period Contributions Contributions Liquidated Interest**

Reported Due Damages* (thru 7/2/12) Due Due Nov-10 20,880.94 4,370.34 4,176.19 548.04 5 Dec-10 6,184.03 6,184.03 1,236.81 438.81 Jan-11 10,457.47 10,457.47 2,091.49 701.94 6 Feb-11 5,391.19 5,391.19 1,078.24 338.98 Mar-11 3,389.07 3,389.07 677.81 199.17 7 Apr-11 6,794.87 6,794.87 1,358.97 370.46 8 May-11 9,779.76 9,779.76 1,955.95 493.01 Jun-11 8,000.06 8,000.06 1,600.01 369.32 9 Aug-11 22,770.12 951.72 4,554.02 72.86 Sep-11 19,795.88 9,399.68 3,959.18 315.47 10 Oct-11 18,682.27 18,682.27 3,736.45 550.23 11 Nov-11 13,752.47 13,752.47 2,750.49 346.64 Dec-11 10,817.27 10,817.27 2,163.45 226.72 12 Jan-12 10,647.65 674.05 2,129.53 11.45 Mar-12 20,446.17 20,446.17 4,089.23 176.45 13 Apr-12 20,853.22 20,853.22 4,170.64 91.41 May-12 19,140.26 19,140.26 3,828.05 5.24 14 Subtotals: $169,083.90 $45,556.51 $5,256.20 15 Total Unpaid Contributions, Interest, Liquidated Damages from $219,896.61 breakdown above (11/10-6/12) Audit (4/10-12/10) $17,754.40 20% Liquidated Damages on Audit $3,550.88 Attorneys' Fees (through 6/27/12) $5,709.50 Complaint Filing Fee; Service $528.10 Grand Total: $247,439.49

* Liquidated damages are assessed at 20% of total contributions reported, shown above. 20

** Interest for the months of 11/10 and 8/11 include amounts incurred on partial late paid contributions. 21

3. Defendant shall conditionally pay the amount of $201,882.98, representing all of 22 the above amounts, less liquidated damages in the amount of $45,556.51. This waiver is 23 expressly conditioned upon the Trustees' approval following timely compliance with all of the 24 terms of this Stipulation, as follows: 25

(a) On or before July 10, 2010, Defendant shall pay to Plaintiffs the amount of $80,000.00. Plaintiffs acknowledge receipt of Defendant's check numbered 7095 in the 27 amount of $80,000.00, deposited on July 10, 2012, and are crediting that payment to the total 28 due.2

3 each month thereafter, for a period of twenty-four (24) months, through and including September 4

(b) Beginning on or before October 20, 2012, and on or before the 20th day of

20, 2014, Defendant shall pay to Plaintiffs the amount of $5,360.00 per month; each monthly 5 payment shall be applied to interest accrued at 5% per annum and amortized monthly, and the 6 remainder shall be applied to principal. An example amortization breakdown is attached hereto as 7

Exhibit B. 8

(c) any payments made by a general contractor's joint check to Defendant and Plaintiffs' Trust Funds shall be endorsed by Defendant prior to submission to Plaintiffs; 10

(d) Defendant shall have the right to increase the monthly payments at any

11 time, without penalty; 12

13 to unpaid interest and then to unpaid principal. The unpaid principal balance shall bear interest at 14 the rate of 5% per annum, from July 3, 2012, in accordance with Plaintiffs' Trust Agreements; 15

16

Corporation, 44 Montgomery Street, Suite 2110, San Francisco, California 94104, or to such 18 other address as may be specified by Plaintiffs, to be received on or before the 20th day of each 19 month. 20

(e) Payments, including the one described in ¶3(a) above, shall be applied first

(f) Payments shall be made payable to the "District Council 16 Northern

California Trust Funds" and delivered to Blake E. Williams at Saltzman & Johnson Law 17

(g) Defendant shall pay all additional costs and attorneys' fees incurred by

Plaintiffs, following those included in ΒΆ2 herein, in connection with collection and allocation of 22 the amounts owed by Defendant to Plaintiffs under this Stipulation, regardless ...


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