Construction Laborers Trust Funds for Southern California Administrative Company v. Speciality Contracting Company et al

Filing 103

JUDGMENT by Judge James V. Selna, IT IS HEREBY ORDERED ADJUDGED AND DECREED that: Judgment is entered in favor of Plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC, the administrator, agent for collect ion and a fiduciary to the Construction Laborers Vacation Trust for Southern California; and against Defendant, KENNETH MICHAEL MERCURIO, an individual also known as KENNETH MICHAEL MERCURIO, JR. as follows: principal amount of $67,658.90, interest in the amount of $7,697.38, attorneys fees of $4,306.36, costs of $565.00 for a total judgment of $79,662.64. 102 (MD JS-6, Case Terminated). (es)

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ALEXANDER B. CVITAN (SBN 81746),
Email: [e-mail]
MARSHA M. HAMASAKI (SBN 102720), and Members of
Email: [e-mail]
PETER A. HUTCHINSON (SBN 225399), Members of
Email: [e-mail]
REICH, ADELL & CVITAN, A Professional Law Corporation
3550 Wilshire Boulevard, Suite 2000
Los Angeles, California 90010-2421
Telephone [phone]; Facsimile [phone]

JS-6

Attorneys for Construction Laborers Trust Funds for
Southern California Administrative Company, LLC

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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

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CASE NO.: 8:17-cv-02136 JVS(KESx)
DEFAULT SEVERAL JUDGMENT
AGAINST DEFENDANT KENNETH
MICHAEL MERCURIO

Plaintiff,

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v.

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SPECIALTY CONTRACTING
COMPANY, a Nevada corporation
doing business as DIVERSIFIED
DEMOLITION COMPANY;
DIVERSIFIED CONCRETE
CUTTING, INC., a Nevada
corporation; KENNETH MICHAEL
MERCURIO, an individual also
known as KENNETH MICHAEL
MERCURIO, JR.; etc., et al.,

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Defendants.

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354929.2

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[Hon. James V. Selna]

The Defendant, KENNETH MICHAEL MERCURIO, an individual also

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known as KENNETH MICHAEL MERCURIO, JR. (“MERCURIO”) having been

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regularly served with process and having failed to appear and answer the Plaintiff's

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First Amended Complaint, the Default of MERCURIO has been entered.
MERCURIO is not an infant or incompetent person, and the Servicemembers

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Civil Relief Act of 2003 is not applicable to this suit or to MERCURIO.
The issue of the amount of damages was submitted to the Court by motion

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supported by Declarations.
Based upon the Motion for Default Several Judgment and the Declarations

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submitted and all other records and documents on file:

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IT IS HEREBY ORDERED ADJUDGED AND DECREED that:

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Judgment is entered in favor of Plaintiff, CONSTRUCTION LABORERS TRUST

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FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY,

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LLC, the administrator, agent for collection and a fiduciary to the Construction

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Laborers Vacation Trust for Southern California; and against Defendant,

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KENNETH MICHAEL MERCURIO, an individual also known as KENNETH

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MICHAEL MERCURIO, JR. as follows:

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

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Principal (consisting of $56,382.42 in Vacation Contributions,
$11,276.48 in liquidated damages):

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$67,658.90

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

Interest through February 7, 2019:

$ 7,697.38

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

Attorney’s Fees:

$ 4,306.36

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

Costs:

$
TOTAL:

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354929.2

//
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565.00

$ 79,662.64

The Court finds there is no just reason for delay in the entry of a final several

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judgment against MERCURIO pending the conclusion of the bankruptcy proceedings

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by Defendants, Specialty Contracting Company, a Nevada corporation doing business

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as Diversified Demolition Company and Diversified Concrete Cutting, Inc., a Nevada

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corporation.

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DATED:

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354929.2

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May 06, 2019

JAMES V. SELNA
UNITED STATES DISTRICT JUDGE