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Construction Laborers Trust Funds For Southern California Administrative Company, A Delaware Limited Liability v. Sabas Perez Aguilar

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION


February 27, 2013

CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
SABAS PEREZ AGUILAR, AN INDIVIDUAL ALSO KNOWN AS PEREZ A. SABAS, SABAS PEREZ AND SAVAS PEREZ DOING BUSINESS AS PERSA CONSTRUCTION DEFENDANT.

The opinion of the court was delivered by: A. Howard Matz, Judge of the United States District Court For the Central District of California

1) JUDGMENT PURSUANT TO STIPULATION; AND 2) ORDER FOR PERMANENT INJUNCTIVE RELIEF COMPELLING THE SUBMISSION OF TIMELY PAID ACCURATE MONTHLY CONTRIBUTION REPORTS

Pursuant to the Stipulation for Entry of Judgment and for Order for Permanent Injunctive Relief Compelling the Submission of Timely Paid Accurate Monthly Contribution Reports by and between Plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC and Defendant, SABAS PEREZ AGUILAR and good cause appearing therefor:

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, the administrator, agent for collection and a fiduciary to the LABORERS HEALTH AND WELFARE TRUST FUND FOR SOUTHERN CALIFORNIA, CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA, CONSTRUCTION LABORERS VACATION TRUST FOR SOUTHERN CALIFORNIA, LABORERS TRAINING AND RE-TRAINING TRUST FUND FOR SOUTHERN CALIFORNIA, FUND FOR CONSTRUCTION INDUSTRY ADVANCEMENT, CENTER FOR CONTRACT COMPLIANCE, LABORERS CONTRACT ADMINISTRATION TRUST FUND FOR SOUTHERN CALIFORNIA and LABORERS' TRUSTS ADMINISTRATIVE TRUST FUND FOR SOUTHERN CALIFORNIA, and against Defendant, SABAS PEREZ AGUILAR, an individual also known as PEREZ A. SABAS, SABAS PEREZ and SAVAS PEREZ doing business as PERSA CONSTRUCTION for the principal sum of $90,847.65, $6,365.37 in interest, $27,697.00 attorney's fees and $422.50 in costs for a total judgment sum of $125,332.52 covering the period from May 2010 to June 2012.

IT IS FURTHER ORDER, ADJUDGED AND DECREED that Defendant, SABAS PEREZ AGUILAR, an individual also known as PEREZ A. SABAS, SABAS PEREZ and SAVAS PEREZ doing business as PERSA CONSTRUCTION, his managing employees, successors, agents, assigns and all others acting in active concert or participation with him, are required to:

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 for the remainder of the time the collective bargaining agreement remains in effect commencing with the JULY 2013 contribution report, the following items:

(i) A complete, truthful, and accurate "Employers Monthly Report to Trustees", covering all hours worked by employees or paid to the employees of EMPLOYER covered under the terms of the Collective Bargaining Agreement with the Southern California District Council of Laborers;

(ii) An affidavit or declaration from EMPLOYER by Leslie P. Morrison 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

(iii) 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.

20130227

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