Opinion
NO. C 02 2801 WHA.
June 10, 2003.
Michael J. Carroll, Erskine Tulley, San Francisco, CA, Attorney for Plaintiff.
Cody Jaffe, Jackson Lewis LLP, Attorney for Defendants.
STIPULATION FOR JUDGMENT
IT IS HEREBY STIPULATED and agreed by and between Plaintiffs BOARD OF TRUSTEES OF THE SIGN, PICTORIAL AND DISPLAY INDUSTRY WELFARE AND PENSION TRUST FUNDS; MIKE HARDEMAN, TRUSTEE, through their attorneys, and defendants, UNIVERSAL SIGN COMPANY, INC., a California corporation; ELIAS ROCHA, an individual, doing business as UNIVERSAL SIGN COMPANY, that Plaintiffs have and recover judgment from Defendants in the amount of $94,874.50, which is composed of a settlement amount of contributions due and unpaid to the Plaintiff Trust Funds for the period January 1, 1998 to April 30, 2002.
IT IS FURTHER STIPULATED and agreed by the parties hereto that defendants shall pay the amount of $94,874.50 plus interest at the rate of 5% per annum in 48 equal monthly installments in the amount of $2,184.89 commencing on June 1, 2003 and continuing until the full amount has been paid. Said installment payments will be made by check payable to the SIGN, PICTORIAL AND DISPLAY INDUSTRY TRUST FUNDS and sent to the collection attorney, ERSKINE TULLEY, 220 Sansome Street, Suite 600, San Francisco, California 94104, Attention: Andreya Allen.
IT IS FURTHER STIPULATED and agreed by the parties hereto that plaintiffs will not enter or execute on the judgment unless defendants default on any one or more of the installment payments. Plaintiffs will give 15 days written notice to defendants and defendants' attorney of any default. The notice of default shall be mailed to defendants at Universal Sign Co., Inc., 40 Ringold Street, San Francisco, CA 94103, Attention: Elias Rocha. The notice of default shall be mailed to defendants' attorney at Jackson Lewis LLP, 199 Fremont Street, 10th Floor, San Francisco, CA 94105, attention: Cody Jaffe. If the default is not cured within fifteen (15) days after the written notice, plaintiffs may apply to the Court for entry of Judgment for the remaining balance and take whatever post judgment collection steps that they choose without further notice to defendants.
Plaintiffs and Defendants 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 Defendants.
IN WITNESS WHEREOF, plaintiffs' attorney and defendants have executed this Stipulation for Judgment.