Opinion
CASE NO. CV 08-1187 VBF(SHx).
August 31, 2009
PATRICK T. CONNOR, Bar No. 089136, MARGARET R. GIFFORD, Bar No. 118222, members of, DeCARLO CONNOR SHANLEY, a Professional Corporation, Los Angeles, California, ATTORNEYS FOR PLAINTIFFS, SOUTHERN, CALIFORNIA LUMBER INDUSTRY RETIREMENT, FUND, SOUTHERN CALIFORNIA LUMBER, INDUSTRY WELFARE FUND and BOARD OF TRUSTEES.
REVISED JUDGMENT PURSUANT TO STIPULATION FOR ENTRY OF JUDGMENT
Pursuant to Stipulation for Entry of Judgment and having considered the papers and arguments submitted, and good cause appearing;
IT IS HEREBY ORDERED that Plaintiffs, SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND, SOUTHERN CALIFORNIA LUMBER INDUSTRY WELFARE FUND and BOARD OF TRUSTEES, shall have judgment against ASPEN INTERIORS, INC., a California corporation, ("DEFENDANT") as follows:
AS TO SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND, SOUTHERN CALIFORNIA LUMBER INDUSTRY WELFARE FUND and BOARD OF TRUSTEES' FIRST CLAIM FOR RELIEF: 29 U.S.C.A. 1132 28 U.S.C. § 1961.45
1. Unpaid contributions $27,882.40 2. Liquidated damages 60,472.14 3. Interest on the unpaid contributions pursuant to (g)(2) (10 percent per annum) pursuant to the Trust Agreements from the due date to audit date 755.19 4. Audit Fees 600.00 5. Interest from due dates to August 31, 2009 (accruing at $7.74 per day) 2,916.64 6. Attorneys' fees 5,188.39 GRAND TOTAL $97,814.76 7. Plus costs to be determined after entry of judgment. 8. Pursuant to (a), this judgment shall bear interest at the rate of % per annum. AS TO SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND, SOUTHERN CALIFORNIA LUMBER INDUSTRY WELFARE FUND and BOARD OF TRUSTEES' SECOND CLAIM FOR RELIEF:1. For issuance of a permanent injunction restraining and enjoining DEFENDANT, for so long as it remains bound to make any payments or contributions to the FUNDS, from failing to deliver or cause to be delivered to SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND, SOUTHERN CALIFORNIA LUMBER INDUSTRY WELFARE FUND and BOARD OF TRUSTEES, the following:
a. Complete, truthful and accurate Employers Monthly Reports to Trustees for the period November 2008 to April 2009,
b. All post judgment Employer Monthly Report to Trustees covering all employees of DEFENDANT, employed during the previous month under DEFENDANT's Labor Agreement with the Store Fixture and Architectural Woodwork Institute and Cabinet Makers, Millmen and Industrial Carpenters Local 721 affiliated with the United Brotherhood of Carpenters and Joiners of America,
c. A declaration from a responsible employee of DEFENDANT attesting from his or her personal knowledge under penalties of perjury to the completeness, truthfulness and accuracy for DEFENDANT's Monthly Report; and
d. Checks for the full amount shown as owing to each Trust on DEFENDANT's Monthly Report, payable as designated on the Monthly Report.