Construction Laborers Trust Funds for Southern California Administrative Company v. Anzalone Masonry, Inc.

Filing 41

DEFAULT JUDGMENT AND FINAL ORDER FOR ACCOUNTING AGAINST ANZALONE MASONRY,INC.; KERRYANNE ANZALONE, and BLAS ANZALONE, JR. 32 by Judge Otis D. Wright, II: Judgment is entered in favor of Plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALI FORNIA ADMINISTRATIVE COMPANY, LLC, the administrator, agent for collection and a fiduciary to the Laborers Health and Welfare Trust Fund for Southern California; Construction Laborers Vacation Trust for Southern California; Laborers Training and Re- Training Trust Fund for Southern California; Center for Contract Compliance; Laborers Trusts Administrative Trust Fund for Southern California; and San Diego County Laborers' Pension Trust Fund, (hereinafter collectively "TRUST FUNDS") , and against Defendants, ANZALONE MASONRY, INC., a California corporation, KERRYANNE ANZALONE, an individual, and BLASE ANZALONE, JR., an individual, individually, jointly and severally covering the period from October 2016 through January 2017 as f ollows:$3,813.25 against ANZALONE MASONRY, INC., consisting of: o $2,043.15 in attorneys fees; and o $1,770.10 in costs $3,813.25 against KERRYANNE ANZALONE and BLAS ANZALONE, JR., consisting of: $2,043.15 in attorneys fees; and $1,770.10 in costs. IT IS FURTHER ORDERED AND DECREED that ANZALONEMASONRY BUILDERS, INC., KERRYANNE ANZALONE, and BLASE ANZALONE, JR., submit to an audit of EMPLOYERS payroll and business records (SEE DOCUMENT FOR SPECIFICS). (lc)

1
2
3

O

4
5

Previously

JS-6

6
7
8

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

9
10
11
12
13
14
15

CONSTRUCTION LABORERS TRUST
FUNDS FOR SOUTHERN
CALIFORNIA ADMINISTRATIVE
COMPANY, a Delaware limited liability
company,
Plaintiff,

16
17
18
19
20
21
22
23
24
25
26
27
28

v.
ANZALONE MASONRY, INC, a
California corporation; KERRYANNE
ANZALONE, an individual; BLASÉ
ANZALONE, JR., an individual;
WESTERN NATIONAL MUTUAL
INSURANCE COMPANY, a Minnesota
corporation; SOLPAC CONSTRUCTION,
INC., a California corporation doing
business as SOLTEK PACIFIC
CONSTRUCTION COMPANY;
LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts corporation;
and DOES 1 through 4, inclusive,
Defendants.

Case No. 2:17-cv-04221-ODW(AFMx)
DEFAULT JUDGMENT AND FINAL
ORDER FOR ACCOUNTING
AGAINST ANZALONE MASONRY,
INC.; KERRYANNE ANZALONE, and
BLASÉ ANZALONE, JR.

1

The Defendants, ANZALONE MASONRY, INC., a California corporation

2

("EMPLOYER"), KERRYANNE ANZALONE, an individual ("K. ANZALONE") and

3

BLASE ANZALONE, JR., an individual ("B. ANZALONE"), having been regularly

4

served with process and having failed to appear and answer the Plaintiff’s First

5

Amended Complaint, the Defaults of EMPLOYER, K. ANZALONE and B.

6

ANZALONE have been entered.

7

EMPLOYER, K. ANZALONE and B. ANZALONE are not infants or

8

incompetent persons, and the Servicemembers Civil Relief Act of 2003 is not applicable

9

to this suit or to K. ANZALONE or to B. ANZALONE and/or to the corporate

10
11
12
13

EMPLOYER.
The issue of the amount of damages was submitted to the Court by motion
supported by Declarations.
Based upon the Motion for Default Judgment and Final Order for Accounting

14
15
16
17

and the Declarations submitted and all other records and documents on file;
IT IS HEREBY ORDERED ADJUDGED AND DECREED that: Judgment is
entered in favor of Plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR

18

SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC, the

19

administrator, agent for collection and a fiduciary to the Laborers Health and Welfare

20

Trust Fund for Southern California; Construction Laborers Vacation Trust for Southern

21

California; Laborers Training and Re-Training Trust Fund for Southern California;

22

Center for Contract Compliance; Laborers’ Trusts Administrative Trust Fund for

23

Southern California; and San Diego County Laborers' Pension Trust Fund, (hereinafter

24

collectively "TRUST FUNDS"), and against Defendants, ANZALONE MASONRY,

25

INC., a California corporation, KERRYANNE ANZALONE, an individual, and

26

BLASE ANZALONE, JR., an individual, individually, jointly and severally covering

27

the period from October 2016 through January 2017 as follows:

28

2

1

$3,813.25 against ANZALONE MASONRY, INC., consisting of:

2

o $2,043.15 in attorneys’ fees; and

3

o $1,770.10 in costs

4

$3,813.25

against

KERRYANNE

5

ANZALONE

and

BLASÉ

ANZALONE, JR., consisting of:
o $2,043.15 in attorneys’ fees; and

6

8

o $1,770.10 in costs
IT IS FURTHER ORDERED AND DECREED that ANZALONE

9

MASONRY BUILDERS, INC., KERRYANNE ANZALONE, and BLASE

10

ANZALONE, JR., submit to an audit of EMPLOYER’S payroll and business records

11

as follows:

7

12

The following documents relating to Defendant’s work on all projects for the San

13

Diego Unified School District (“SDUSD”) covered by the SDUSD Project

14

Stabilization Agreement Construction and Major Rehabilitation Funded by

15

Proposition S (“SDUSD PSA”):

16

(1)

17

Employer’s payroll journals, employees’ earning records, certified

18

payrolls, payroll check books and stubs, canceled payroll checks, payroll

19

time cards, state and federal payroll tax returns, labor distribution journals,

20

any other documents reflecting the number of hours which Employer’s

21

employees worked, their names, social security numbers, addresses, job

22

classifications and the projects on which the employees performed their

23

work.

24

(2)

25

documents, agreements, and contracts between Employer, and the general

26

contractor, or any subcontractor, the daily work logs, supervisor’s diaries

27

or notes, employees’ diaries, memoranda, releases and any other

All payroll and employee documents including, but not limited to,

All Employer’s job files relating to its work including all

28

3

1

documents which related to the supervision of Employer’s employees on

2

all SDUSA PSA projects.

3

(3)

4

but not limited to, the cash receipts journals, accounts receivable journal,

5

accounts receivable subsidiary ledgers and billing invoices for Employer’s

6

work on SDUSA PSA projects.

7

(4)

8

investment accounts.

9

(5)

All Employer’s documents related to cash receipts, including

All Employer’s bank statements for all checking, savings and
All Employer’s documents related to cash disbursements, including

10

but not limited to, vendors’ invoices, cash disbursement journal, accounts

11

payable journals, check registers, cancelled checks and all other documents

12

which indicate cash disbursements.

13

(6)

14

trust fund.

15

(7)

16

the checks/payments issued to any person, company and/or subcontractor

17

relating to work performed on Employer’s construction projects, including

18

but not limited to day laborers, or other non-union workers hired to work

19

on Employer’s project.

All Monthly Report Forms submitted by Employer to any union
Documents, records, or other writings pertaining to and including

20
21

DATED: June 13, 2018

22
23

____________________________________

24

OTIS D. WRIGHT, II

25

UNITED STATES DISTRICT JUDGE

26
27
28

4