Opinion
NO. C 02 0188 EMC
August 27, 2003
MICHAEL J. CARROLL, ERSKINE TULLEY A PROFESSIONAL CORPORATION, San Francisco, CA, for Plaintiffs
JUDGMENT PURSUANT TO STIPULATION
It appearing that Plaintiffs BOARD OF TRUSTEES OF THE AUTOMOTIVE INDUSTRIES WELFARE FUND AND AUTOMOTIVE INDUSTRIES PENSION FUND; JIM BENO, TRUSTEE, through their attorneys, and defendant, LYNN ALEXANDER, an individual, doing business as CATHEY MOTOR CO. also known as CATHEY'S BODY SHOP, have stipulated that Plaintiffs have and recover judgment from Defendant, and it appearing that the stipulation is in all respects proper and that the stipulation provides for judgment against Defendant in the amount of $68,990.00,
IT IS HEREBY ORDERED AND ADJUDGED that Plaintiffs BOARD OF TRUSTEES OF THE AUTOMOTIVE INDUSTRIES WELFARE FUND AND AUTOMOTIVE INDUSTRIES PENSION FUND; JIM BENO, TRUSTEE, have and recover judgment from defendant, LYNN ALEXANDER, an individual, doing business as CATHEY MOTOR CO. also known as CATHEY'S BODY SHOP, in the amount of $68,990.00, which is composed of a settlement amount of contributions due and unpaid to the Plaintiff Trust Funds for the period June 1, 1979 through August 31, 2001.
IT IS FURTHER ORDERED AND ADJUDGED that an abstract of judgment will be recorded but execution will not issue on the judgment so long as defendant complies with the following conditions concerning the payment of the amount of $68,990.00:
1. Defendant shall pay $10,000.00 upon execution of this Stipulation for Judgment; and
2. Defendant shall pay the balance of $58,990.00 in 120 equal monthly installments in the amount of $491.58 commencing on September 20, 2003 and continuing until the full amount has been paid. Said installment payments will be made by check payable to the AUTOMOTIVE INDUSTRIES PENSION FUND and sent to the collection attorney, ERSKINE TULLEY, 220 Sansome Street, Suite 600, San Francisco, California 94104, Attention: Michael J. Carroll.
3. If defendant, during the period of time when installment payments are due and owing, shall sell his automotive repair business or shall sell his residence located at 6000 Hillside Drive, El Sobrante, CA 94803, the entire outstanding balance shall be immediately due and payable.
Plaintiffs and Defendant each understand and agree that any modification of this payment plan must be made in writing and agreed to by both the Plaintiffs and the Defendant.
IT IS FURTHER ORDERED AND ADJUDGED that upon failure of the Defendant to make any of the payments in a timely manner as required pursuant to the terms of numbers 1, 2 and 3 above, execution on the entire judgment in the amount of $68,990.00 reduced by any offsets for payments made, shall issue only after ten (10) days written notice to the Defendant and Defendant's counsel that Plaintiffs or Plaintiffs' attorney declares a default and intends to file a Declaration stating that a default has occurred on the part of the defendant. Defendant waives notice of any hearing held by the court upon the earlier execution of this judgment or Plaintiffs' declaration.
STIPULATION FOR JUDGMENT
IT IS HEREBY STIPULATED and agreed by and between Plaintiffs BOARD OF TRUSTEES OF THE AUTOMOTIVE INDUSTRIES WELFARE FUND AND AUTOMOTIVE INDUSTRIES PENSION FUND; JIM BENO, TRUSTEE, through their attorneys, and defendant, LYNN ALEXANDER, an individual, doing business as CATHEY MOTOR CO. also known as CATHEY'S BODY SHOP, that Plaintiffs have and recover judgment from Defendant in the amount, of $68,990.00, which is composed of a settlement amount of contributions due and unpaid to the Plaintiff Trust Funds for the period June 1, 1979 through August 31, 2001.IT IS FURTHER STIPULATED and agreed by the parties hereto that an abstract of judgment will be recorded but that execution will not issue on the judgment so long as defendant complies with the following conditions concerning the payment of the amount of $68,990.00:
1. Defendant shall pay $10,000.00 upon execution of this Stipulation for Judgment; and
2. Defendant shall pay the balance of $58,990.00 in 120 equal monthly installments in the amount of $491.58 commencing on September 20, 2003 and continuing until the full amount has been paid. Said installment payments will be made by check payable to the AUTOMOTIVE INDUSTRIES PENSION FUND and sent to the collection attorney, ERSKINE TULLEY, 220 Sansome Street, Suite 600, San Francisco, California 94104, Attention: Andreya Allen.
3. If defendant, during the period of time when installment payments are due and owing, shall sell his automotive repair business or shall sell his residence located at El Sobrante, CA 6000 Hillside Dr., 94803 the entire outstanding balance shall be immediately due and payable.
Plaintiffs and Defendant each understand and agree that any modification of this payment plan must be made in writing and agreed to by both the Plaintiffs and the Defendant.
IT IS FURTHER STIPULATED AND AGREED by the parties hereto that upon failure of the Defendant to make any of the payments in a timely manner as required pursuant to the terms of numbers 1, 2 and 3 above, execution on the entire judgment in the amount of $68,990.00 reduced by any offsets for payments made, shall issue only after ten (10) days written notice to the Defendant and Defendant's counsel that Plaintiffs or Plaintiffs' attorney declares a default and intends to file a Declaration stating that a default has occurred on the part of the defendant. Defendant waives notice of any hearing held by the court upon the earlier execution of this judgment" or Plaintiffs' declaration.
IN WITNESS WHEREOF, plaintiffs' attorney and defendant have executed this Stipulation for Judgment.