Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern California, Arizona, and Nevada et al v. Westway Construction Inc. et al

Filing 50

RENEWAL OF JUDGMENT BY CLERK, in favor of Board of Trustees of the Sheet Metal Industry Fund of Los Angeles, Board of Trustees of the Sheet Metal Workers Local 105 Retiree Health Plan, Board of Trustees of the Sheet Metal Workers' Health Plan of Southern California, Arizona, and Nevada, Board of Trustees of the Sheet Metal Workers' International Association, Local Union No. 105 Union Dues Check- Off Fund, Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern Calif ornia, Arizona, and Nevada, Board of Trustees of the Sheet Metal Workers' Savings Plan of Southern California, Board of Trustees of the Southern California Sheet Metal Joint Apprenticeship and Training Committee, Board of Trustees of the Souther n California Sheet Metal Workers' 401(A) Plan against judgment debtors, Westway Construction, Inc. and Zareh Khanbabyan, individual(Defendants) have failed to pay the total amount of said judgment; and that Defendants are indebted to the Plans. This renewal applies to all defendants except for Melineh Deer Sarkissian who filed for Chapter 7 bankruptcy on July 31, 2019. The judgment against Defendants, be renewed in the amount of $199,171.80, which is broken down as follows: a. Principa l: $146,249.92; b. Liquidated Damages: $36,543.55; c. Judgment interest: $8,652.46; d. Attorneys Fees: $7,225.87; e. Costs: $500.00; Subtotal (Judgment as entered): $199,171.80f. Less credits after judgment: $109,770.08; GRAND TOTAL: $89,401.72. Related to: APPLICATION for Renewal of Judgment re Default Judgment, 17 , 49 . (shb)

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LAURIE A. TRAKTMAN (SBN 165588)
email: [e-mail]
GILBERT & SACKMAN
A LAW CORPORATION
3699 Wilshire Boulevard, Suite 1200
Los Angeles, California 90010
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF THE SHEET
METAL WORKERS’ PENSION PLAN OF
SOUTHERN CALIFORNIA, ARIZONA
AND NEVADA; BOARD OF TRUSTEES
OF THE SHEET METAL WORKERS’
HEALTH PLAN OF SOUTHERN
CALIFORNIA, ARIZONA AND NEVADA;
BOARD OF TRUSTEES OF THE SHEET
METAL WORKERS’ SAVINGS PLAN OF
SOUTHERN CALIFORNIA; BOARD OF
TRUSTEES OF THE SOUTHERN
CALIFORNIA SHEET METAL JOINT
APPRENTICESHIP AND TRAINING
COMMITTEE; BOARD OF TRUSTEES OF
THE SHEET METAL WORKERS’ LOCAL
105 RETIREE HEALTH PLAN; BOARD OF
TRUSTEES OF THE SOUTHERN
CALIFORNIA SHEET METAL
WORKERS’ 401(A) PLAN; BOARD OF
TRUSTEES OF THE SHEET METAL
WORKERS’ INTERNATIONAL
ASSOCIATION, LOCAL UNION NO. 105
UNION DUES CHECK-OFF FUND; AND
BOARD OF TRUSTEES OF THE SHEET
METAL INDUSTRY FUND OF LOS
ANGELES,

Case No. 2:09-cv-07023-GAF-FMO
[
RENEWAL OF
JUDGMENT BY CLERK

Plaintiffs,
v.
WESTWAY CONSTRUCTION, INC.;
MELINEH DER SARKISSIAN; and ZAREH
KHANBABYAN, individuals

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Defendants.
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[PROPOSED] RENEWAL OF JUDGMENT BY CLERK

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NOW, upon application of plaintiffs, Board of Trustees of the Sheet Metal Workers’ Pension

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Plan of Southern California, Arizona and Nevada; Board of Trustees of the Sheet Metal Workers’

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Health Plan of Southern California, Arizona and Nevada; Board of Trustees of the Sheet Metal

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Workers’ Savings Plan of Southern California; Board of Trustees of the Southern California Sheet

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Metal Joint Apprenticeship and Training Committee; Board of Trustees of the Sheet Metal

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Workers’ Local 105 Retiree Health Plan; Board of Trustees of the Southern California Sheet Metal

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Workers’ 401(A) Plan; Board of Trustees of the Sheet Metal Workers’ International Association,

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Local Union No. 105 Union Dues Check-off Fund; and Board of Trustees of the Sheet Metal

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Industry Fund of Los Angeles, (collectively the “Trust Funds” or “Plans”), and upon declaration

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that judgment debtors, Westway Construction, Inc. and Zareh Khanbabyan, individual

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(“Defendants”) have failed to pay the total amount of said judgment; and that Defendants are

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indebted to the Plans. This renewal applies to all defendants except for Melineh Deer Sarkissian

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who filed for Chapter 7 bankruptcy on July 31, 2019.

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment against
Defendants, be renewed in the amount of $199,171.80, which is broken down as follows:

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a.

Principal:

$146,249.92

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b.

Liquidated Damages:

$36,543.55

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c.

Judgment interest:

$8,652.46

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d.

Attorneys Fees:

$7,225.87

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e.

Costs:

$500.00

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Subtotal (Judgment as entered):
f.

$199,171.80

Less credits after judgment:

GRAND TOTAL:

$109,770.08

$89,401.72

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IT IS SO ORDERED.

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January 22, 2020
Dated: __________________

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KIRY K. GRAY,
Clerk of U.S. District Court

____________________________
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DeputyClerk of Court

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[PROPOSED] RENEWAL OF JUDGMENT BY CLERK