Construction Laborers Trust Funds for Southern California Administrative Company v. JMS Air Conditioning and Appliance Service, Inc., et al

Filing 34

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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