Construction Laborers Trust Funds for Southern California Administrative Company v. JMS Air Conditioning and Appliance Service, Inc., et al
Filing
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JUDGMENT PURSUANT TO STIPULATION by Judge Dean D. Pregerson. See Judgment for details. (MD JS-6, Case Terminated). (jy)
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JS-6
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
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CONSTRUCTION LABORERS TRUST
FUNDS FOR SOUTHERN
CALIFORNIA ADMINISTRATIVE
COMPANY, a Delaware limited liability
company,
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JUDGMENT PURSUANT TO
STIPULATION
Plaintiff,
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CASE NO.: CV15-05581 DDP (AJWx)
vs.
JMS AIR CONDITIONING AND
APPLIANCE SERVICE, INC., a
California corporation also known as and
doing business as JMS A/C & HEATING;
AMERICAN CONTRACTORS
INDEMNITY COMPANY, a California
corporation,
Defendants.
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Pursuant to the Stipulation for Entry of Judgment by and between Plaintiff,
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CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA
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ADMINISTRATIVE COMPANY, a Delaware limited liability, and Defendants, JMS
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AIR CONDITIONING AND APPLIANCE SERVICE, INC., a California corporation
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also known as and doing business as JMS A/C & HEATING and YOSSEF MESICA
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an individual also known as JOE MESICA and good cause appearing therefor,
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309332.1
IT IS HEREBY ORDERED that Judgment is entered in favor of
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CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA
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ADMINISTRATIVE COMPANY, a Delaware limited liability company an
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administrator and agent for collection of several employee benefit plans, and a
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fiduciary as to those plans including the Laborers Health And Welfare Trust Fund For
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Southern California, Construction Laborers Pension Trust For Southern California,
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Construction Laborers Vacation Trust For Southern California, Laborers Training And
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Re-Training Trust Fund For Southern California, Fund For Construction Industry
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Advancement, Center For Contract Compliance, Laborers Contract Administration
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Trust Fund For Southern California, Laborers' Trusts Administrative Trust Fund For
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Southern California, and Southern California Partnership For Jobs Trust Fund, and
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against JMS AIR CONDITIONING AND APPLIANCE SERVICE, INC., a
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California corporation also known as and doing business as JMS A/C & HEATING
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(“EMPLOYER”) and YOSSEF MESICA an individual also known as JOE MESICA
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(“MESICA”) in the principal sum of $205,891.46 and of this amount, MESICA shall
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be individually, jointly and severally liable with EMPLOYER for the sum of
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$164,039.28 covering the period from October 1, 2008 to February 28, 2016
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(“JUDGMENT”).
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The money JUDGMENT entered in this action is for known delinquencies
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incurred for the period from October 1, 2008 to February 28, 2016 ; however, the
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TRUST FUNDS, EMPLOYER and MESICA have stipulated that since the audit of
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EMPLOYER’S records covered the period through January 31, 2016 only; if any
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additional amounts are discovered to be owed by EMPLOYER and/or MESICA after
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January 2016, the money judgment in this action shall not operate as a bar and/or
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have res judicata effect or any other limitation of any legal right of the Plaintiff or
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309332.1
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TRUST FUNDS to determine and seek collection of any amount due, or that comes
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due by EMPLOYER and/or MESICA after January 2016.
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DATED: October 17, 2016
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DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE
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-3309332.1
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