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F.G. Crosthwaite, et al v. Kochoo Construction Co.

March 6, 2013

F.G. CROSTHWAITE, ET AL., PLAINTIFFS,
v.
KOCHOO CONSTRUCTION CO., INC., A CALIFORNIA CORPORATION,
DEFENDANT.



JUDGMENT PURSUANT TO STIPULATION; [PROPOSED] ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto, that Judgment shall be 17 entered in the within action in favor of the Plaintiffs F.G. CROSTHWAITE, et al. (collectively 18 "Plaintiffs" or "Trust Funds") and against Defendants KOCHOO CONSTRUCTION CO., INC., a 19 California Corporation, and/or any alter egos and/or successor entities, as follows: 20 1. Defendant entered into a valid Collective Bargaining Agreement with the 21 Operating Engineers Local 3 Trust Funds (hereinafter "Bargaining Agreement"). This Bargaining 22 Agreement has continued in full force and effect to the present time.

2. WILLIAM KOCHOO acknowledges that he is the RMO/CEO/President of 24 KOCHOO CONSTRUCTION CO., INC. and specifically consents to the Court's jurisdiction for 25 all proceedings herein. Mr. Kochoo (hereinafter "Guarantor") also confirms that in consideration 26 of the within payment plan he is personally guaranteeing the amounts due pursuant to the terms of 27 this Stipulation and further acknowledges that all affiliates, related entities and successors in 28 interest to KOCHOO CONSTRUCTION CO., INC. and/or any subsequent entity wherein Mr.

Kochoo is a principal shall also be bound by the terms of this Stipulation as Guarantors, and also 2 consent to this Court's jurisdiction. Defendant and any additional entities in which WILLIAM 3 KOCHOO is an officer, owner or possesses any ownership interest, including all successors in 4 interest, assignees, and affiliated entities (including, but not limited to parent or other controlling 5 companies), and any companies with which KOCHOO CONSTRUCTION CO., INC. joins or 6 merges, if any, shall also be bound by the terms of this Stipulation. Defendant and all such entities 7 specifically consent to the Court's jurisdiction, which shall be specified in writing at the time of 8 any assignment, affiliation or purchase of Defendant, along with the obligations to the terms 9 herein. 10

3. Defendant has become indebted to the Trust Funds as follows: 11

Work Month- Year Unpaid Contributions 20% Liquid. Damages 10% Interest (thru 1/31/13) Total 8/11 2,190.30 438.06 307.29 2,935.65 9/11 2,459.20 491.84 305.99 3,257.03 10/11 848.00 169.60 98.24 1,115.84 11/11 3,392.00 678.4 367.02 4,437.42 12/11 678.40 135.68 67.94 882.02 2/12 2,268.40 453.68 189.75 2,911.83 3/12 1,844.40 368.88 138.63 2,351.91 4/12 1,187.20 237.44 79.45 1,504.09 5/12 678.40 135.68 39.74 853.82 Subtotals: $15,546.30 $3,109.26 $1,594.05 Unpaid Contributions, Interest thereon, Liquidated Damages (1/11-12/11; 2/12-5/12, breakdown above) $20,249.61 10% Liquidated Damages on prior late-paid Contributions (9/10-7/11; 1/12) $4,189.25 10% Interest on prior late-paid Contributions (9/10-7/11; 1/12) $725.31 Attorneys' Fees (through 1/29/13) $1,584.00 Complaint Filing Fee; Service of Process $454.90 Grand Total: $27,203.07 4. Defendant/Guarantor shall conditionally pay the amount of $19,904.56, representing all of the above amounts, less liquidated damages in the amount of $7,298.51, which may be waived, expressly conditioned upon the Trustees' approval and upon timely compliance with all of the terms of this Stipulation, as follows:

2 each month thereafter, for a period of twenty-four (24) months, through and including January 25, 3

(a) Beginning on or before February 25, 2013, and on or before the 25th day of

2015, Defendant/Guarantor shall pay to Plaintiffs the amount of $920.00 per month; 4

(b) Payments may be made by joint check, which shall be endorsed by

Defendant/Guarantor prior to submission to Plaintiffs; 6

(c) Defendant/Guarantor shall have the right to increase the monthly payments

7 at any time, without penalty; 8

9 principal. The unpaid principal balance shall bear interest at the rate of 10% per annum, from 10

(d) Payments shall be applied first to unpaid interest and then to unpaid

February 1, 2013, in accordance with Plaintiffs' Trust Agreements; 11

12 and delivered to Michele R. Stafford at Saltzman & Johnson Law Corporation, 44 Montgomery 13

(e) Payments shall be made payable to the "Operating Engineers' Trust Funds"

Street, Suite 2110, San Francisco, California 94104, or to such other address as may be specified 14 by Plaintiffs, to be received on or before the 25th day of each month. 15

16 incurred by Plaintiffs in connection with collection and allocation of any amounts owed by 17

(f) Defendant/Guarantor shall pay all additional costs and attorneys' fees

Defendant to Plaintiffs, regardless of whether or not there is a default herein. 18

19 monthly payment toward the conditional balance owed under the Stipulation, Plaintiffs shall notify 20

(g) Prior to January 25, 2015, the deadline for Defendant/Guarantor's last

Defendant/Guarantor in writing of the final amount due, including any additional interest and 21 attorneys' fees and costs, as well as any other amounts due under the terms herein. Any additional 22 amounts due pursuant to the provisions hereunder shall be paid in full with the final conditional 23 stipulated payment. 24

(h) Following payment of the last conditional monthly payment under the

Stipulation, Defendant/Guarantor will be advised as to whether or not the conditional liquidated 26 damages waiver has been granted by the Board of Trustees. If the waiver is granted, upon bank 27 clearance of Defendant/Guarantor's last payment of the conditional balance, and confirmation that 28

Defendant's account is otherwise current, Plaintiffs will file a Notice of Satisfaction of Judgment with the Court. However, if the waiver is denied, monthly payments will continue ...


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