Opinion
Case No.: C-03-2002 CRB
November 3, 2003
James P. Waston, Simon A. Mazzola, STANTON, KAY WATSON, LLP, San Francisco, CA for Plaintiffs
JUDGMENT
The court having read the Notice of Motion for Default Judgment, the Declaration of James P. Watson and Memorandum of Points and Authorities filed concurrently therewith, and having given the matter due consideration, it is hereby ORDERED and ADJUDGED as follows:
1. Defendants Wittsell Sons Construction Inc. and Larry Kenneth Wittsell are mandatorily enjoined to submit to audit by the plaintiffs, upon service of this Order and reasonable notice of the date and time of such audit. Defendants shall produce the books, records, papers and reports of the defendants that relate to their compliance with the collective bargaining agreement and trust agreements described in the Complaint herein, for the period January, 1998 through the present, including, but not limited to, the following:
California Quarterly Report of Wages, Form DE-6; Federal Tax Forms W-3/W-2 and 1069/1099; Payroll Registers/Journals; individual Earnings Records; Source Records, including time cards and time card summaries for all employees; contribution reports for all trust funds; workers' compensation reports; certified payroll reports; personnel records indicating job classifications and hire/termination dates; cash disbursement journal; vendor invoices; copies of subcontract agreements; cash receipts journal; general ledger; 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.
2. Plaintiffs shall recover their costs of suit herein and their attorneys' fees, including costs and fees incurred in executing the provisions of paragraph 1 of this judgment. Plaintiffs shall submit a supplemental application for award of costs and attorneys' fees when the provisions of paragraph 1 have been carried out; alternatively, if the mandatory injunctive order cannot be executed, plaintiffs may file a supplemental application to this court for an award of costs and attorneys' fees.
3. This Judgment may be entered in the public records of any county in the State of California.
IT IS SO ORDERED.