Opinion
Case No. C 02-4160 WHA.
June 12, 2003.
James P. Watson, Simon A. Mazzola, Stanton, Kay Watson, LLP, San Francisco, CA, Attorneys for Plaintiffs Ohnie Oakley as Chairman and Edward T. Bergo as Co-Chairman of the Board of Trustees for the Cement Masons Trust Funds.
ORDER FOR DEFAULT JUDGMENT
The Court having previously entered a default against defendants Oliver Transbay Construction Inc., dba Oliver Construction, a California corporation, and Frank Oliver (hereinafter "defendants") for failure to answer the Complaint duly served upon them by plaintiffs Edward T. Bergo as Chairman and Karl Bik as Co-Chairman of the Board of the Board of Trustees for the Cement Masons Health and Welfare Trust Fund for Northern California, Cement Masons Vacation/Holiday Trust Fund for Northern California, Cement Masons Pension Trust Fund for Northern California, and Cement Masons Apprenticeship and Training Trust Fund for Northern California (hereafter "plaintiffs") and plaintiffs having applied to this Court for entry of default judgment,
IT IS ORDERED:
1. Damages are awarded against defendants in the amount of $3,872.77 (the principal balance of $2,680.35 plus accrued interest through April 8, 2003 of $1,192.42).
2. The Court grants plaintiffs' demand for an injunction requiring defendants to submit to an audit of their financial records. Defendants shall submit to an audit on two days' written notice and shall grant access to those financial records that plaintiffs require to conduct the audit. These financial records shall include, for the time period July 1998 to present:
Individual earnings records; Federal Tax Forms W-3/W-2 and 1069/1099; Reporting forms for all Trust Funds, State DE-3/DE-6 Tax Reports; Workers' compensation insurance; Employee time cards; Payroll Registers/Journals; Quarterly payroll tax returns (Form 941); Check register and supporting cash vouchers; Forms 1120, 1040 or partnership tax returns; General ledger; Source Records, including time cards and time card summaries for all employees; Certified payroll reports; Personnel records indicating job classifications and hire/termination dates; Cash disbursement journal; Vendor invoices; Copies of subcontract agreements; Cash receipts journal; Job cost records; Records of related entities; and any other books and records that may be necessary to complete the auditor's determination or provide additional explanation of defendants' financial records.
3. Plaintiffs shall have and recover attorneys' fees and costs in the amount of $3,187.15.
4. The sum of this monetary judgment that defendants shall pay to plaintiffs, exclusive of any interest after April 8, 2003 is $7,059.92.
5. Plaintiffs shall have interest on $7,059.92 at the legal rate from April 8, 2003 until the judgment is paid.
6. The Court shall retain jurisdiction over this matter to facilitate compliance with this judgment.