Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. AIC Painting Corporation et al

Filing 40

ORDER, CONSENT JUDGMENT. Signed by Judge Illston on 4/6/12. (tfS, COURT STAFF) (Filed on 4/9/2012)

1 Muriel B. Kaplan, Esq. (SBN 124607)
Michele R. Stafford, Esq. (SBN 172509)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone] – Telephone
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8
9

UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,
12
Plaintiffs,
13
v.
14
AIC PAINTING CORPORATION, a California
15 Corporation; MARK DALE BOHN, Individually
and dba AIC PAINTING,
16
Defendants.
17
18
19
20
21
22
23
24
25
26
27
28

Case No.: C11-0418 SI
JUDGMENT PURSUANT TO
STIPULATION

IT IS HEREBY STIPULATED (the “Stipulation” of “Judgment”) by and between the
parties hereto, that Judgment shall be entered in the within action in favor of the Plaintiffs BAY
AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al. (collectively “Plaintiffs” or
“Trust Funds”) and against Defendants AIC PAINTING CORPORATION, a California
Corporation, and/or alter egos and/or successor entities (collectively “AIC Painting” or
“Defendants”), as follows:
1.

Defendants entered into a valid Collective Bargaining Agreement with the

District Council 16 of the International Union of Painters and Allied Trades (hereinafter
“Bargaining Agreement”). This Bargaining Agreement has continued in full force and effect to
the present time.
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2.

1

Defendants have become indebted to the Trust Funds as follows:

1/07-2/11 Contributions/Contribution balances *
Liquidated Damages (through 7/11
contributions) *
5% p/a Interest (through 2/29/12) *

2
3

$64,789.91
$43,328.03
$6,498.44

4
Audit (8/1/093/31/11)

5

Underpayments
5%/p/a Interest (to 6/30/11)
Additional interest (7/1/112/29/12)
Liquidated Damages **
Testing Fees

6
7
8

10

$4,194.11
$3,105.09
$18,579.52
$3,365.00
$122,141.30
<$58,980.72
>

Credit (duplicative entries)

9

$114,616.38

$92,897.58

$63,160.58
$177,776.96

SUB-TOTAL

11
Attorneys’ Fees (10/7/10-2/28/12)
Costs (to 11/29/11)
SUB-TOTAL

12
13

TOTAL

14

16

3.

17

19

22
23
24
25
26
27
28

$195,537.42

Defendants shall conditionally pay the amount of $133,629.87, representing all of

the above amounts, less liquidated damages in the amount of $61,907.55. This waiver is expressly
conditioned upon the Trustees’ approval.
(a)

20
21

$17,760.46

* See Exhibit A hereto.
** Liquidated damages in the audit are shown as $750.00; however, liquidated damages
increase to 20% upon litigation.

15

18

$17,083.00
$677.46

All payments hereunder shall be made by AIC Painting Corporation, a

California corporation. It is expressly agreed that this in no way constitutes a waiver of any rights
Plaintiffs have to claim that the two “AIC” related Defendants are successors/single employers/
alter egos, and in no way affects the assessment of withdrawal liability, if applicable. Moreover,
this does not constitute a waiver of Plaintiffs right to collect the amounts enumerated herein from
Defendant Mark Dale Bohn if Defendant AIC Painting Corporation defaults under the terms of the
Stipulation herein.
///
///
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1

(b)

Beginning on or before April 10, 2012, and continuing on or before the 10th

2 day of each month thereafter for a period of twenty-five (25) months through April 10, 2014,
3 Defendants shall make graduated payments to Plaintiffs as follows:
4

(i)

5

(ii) June 10, 2012 through September 10, 2012 (4 months): $4,000.00;

6

(iii) October 10, 2012 through December 10, 2012 (3 months): $5,000.00;

7

(iv) January 10, 2013 through April 10, 2014 (16 months): $7,000.00.

8

(c)

April 10, 2012 through May 10, 2012 (2 months): $3,000.00;

Payments may be made by joint check, cashier’s check or other irrevocable

9 form of payment to be endorsed prior to submission.
10

(d)

Defendants shall have the right to increase the monthly payments at any

11 time and there is no penalty for prepayment;
12

(e)

Payments shall be applied first to unpaid interest and then to unpaid

13 principal. The interest will be calculated from the date of the last payment, to the date of the
14 current payment. Each payment by Defendant will be applied first to the portion of interest
15 between payments, with the remainder applied to the principal balance due. Attached to this
16 agreement as Exhibit B is an estimated allocation schedule, outlining how each payment made
17 shall be applied. This schedule is only an estimate, and assumes that each and every payment
18 herein is received on the due date. Any variations will change the allocation. Defendants have the
19 right, at any time, to request a summary of payment application to date.
20

The unpaid principal balance shall bear interest at the rate of 5% per annum, from

21 March 1, 2012, in accordance with the Collective Bargaining Agreement and Plaintiffs’ Trust
22 Agreements. Each payment shall be applied first to interest that has accrued since the last
23 payment, and then to principal, so that each individual payment will pay interest as well as a
24 portion of the principal balance due. Defendants may ask for a payout demand at any time, which
25 will include interest that has or will accrue until the date the final payment is made only
26

(f)

Checks shall be made payable to the “District Council 16 Northern

27 California Trust Funds,” and delivered to Michele R. Stafford, Esq. at Saltzman & Johnson Law
28 Corporation, 44 Montgomery Street, Suite 2110, San Francisco, California 94104, or to such other
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1 address as may be specified by Plaintiffs, to be received on or before the 10th day of each month;
(g)

2

Defendants shall pay all additional costs and attorneys’ fees incurred by

3 Plaintiffs in connection with collection and allocation of the amounts owed by Defendants to
4 Plaintiffs under this Stipulation, regardless of whether or not there is a default herein. Assuming
5 that Defendants fully comply with the terms of this Stipulation in all respects, in a timely manner,
6 this amount is estimated to not exceed $200.00 per month. Notwithstanding this, the parties
7 acknowledge that additional fees and costs have been incurred since February 28, 2012, that have
8 yet to be included in the Stipulation and are not included in the $200.00 per month estimate.
(h)

9

Prior to April 10, 2014, the deadline for Defendants’ last monthly payment

10 toward the conditional balance owed under the Stipulation, Plaintiffs shall notify Defendants in
11 writing of the final amount due, including interest and additional attorneys’ fees and
12 costs, as well as any other amounts due under the terms herein. All additional amounts due
13 pursuant to the provisions hereunder shall be paid in full with the final stipulated payment.
(i)

14

At the time Defendants make their last monthly payment toward the

15 conditional balance owed under the Stipulation, Defendants may submit a written request for a
16 waiver of liquidated damages directed to the Board of Trustees, but sent to Saltzman and Johnson
17 Law Corporation with that payment. Defendants will thereafter be advised as to whether or not the
18 waiver has been granted. If Defendants have timely complied with the terms of the Stipulated
19 Judgment in all respects during the entire payment period, the liquidated damages will be waived.
If the waiver is granted, upon bank clearance of Defendants’ last payment of the

20

21 conditional balance and confirmation that Defendants’ account is otherwise current, Plaintiffs will
22 file a Notice of Satisfaction of Judgment with the Court. However, if the waiver is denied,
23 monthly payments will continue until all liquidated damages not waived have been paid.
(j)

24

Failure to comply with any of the above terms shall constitute a default of

25 the obligations under this Agreement and the provisions of ¶12 shall apply.
26

4.

Beginning with contributions due for hours worked by Defendants’ employees

27 during the month of March 2012, which are due on April 15, 2012 and will be delinquent if not
28 received by April 30, 2012, and for every month thereafter, Defendants shall remain current in
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1 reporting and payment of any contributions due to Plaintiffs under the current Collective
2 Bargaining Agreement and under all subsequent Collective Bargaining Agreements, if any, and
3 the Declarations of Trust as amended. Defendants shall submit a copy of the contribution report
4 for each month, together with a copy of that payment check, either by email to both
5 [e-mail] and [e-mail], or by facsimile to Michele R. Stafford at
6 415-882-9287, or to such other email address or fax number as may be specified by Plaintiffs,
7 prior to or concurrent with sending the payment to the Trust Fund office. Failure by Defendants to
8 timely submit copies of current contribution reports and payments to Michele R. Stafford as
9 described above shall constitute a default of the obligations under this agreement.
10

5.

Defendants shall make full disclosure of all jobs on which they are working by

11 providing Plaintiffs with an ongoing and updated list of jobs including, but not limited to, the
12 name and address of job, general contractor information, certified payroll if a public works job,
13 and period of work. Defendants shall submit said updated list each month together with the
14 contribution

report

(as

required

by

this

Stipulation)

either

by

email

to

both

15 [e-mail] and [e-mail], or by facsimile to Michele R. Stafford at
16 415-882-9287. This requirement remains in full force and effect regardless of whether or not
17 Defendants have ongoing work. In this event, Defendants shall submit a statement stating that
18 there are no current jobs. A blank job report form is attached hereto as Exhibit C for Defendants’
19 use. To the extent that Defendants are working on a Public Works job, or any other job for which
20 Certified Payroll Reports are required, at Plaintiffs’ request, copies of said Reports will be emailed
21 or faxed to Michele R. Stafford, concurrently with their submission to the general contractor,
22 owner or other reporting agency. Failure by Defendants to timely submit updated job lists shall
23 constitute a default of the obligations under this agreement.
24

Plaintiffs agree not to contact the general contractors on the jobs listed regarding

25 Defendant, unless Defendant is not current with its obligations under the terms of this Agreement.
26 To the extent that Plaintiffs are contacted by a general contractor directly, Plaintiffs will advise
27 Defendant through their counsel of record before responding.
28

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1

6.

Failure by Defendants to remain current in reporting or payment of contributions

2 shall constitute a default of the obligations under this agreement. Any such unpaid or late paid
3 contributions, together with 20% liquidated damages and 5% per annum interest accrued on
4 contributions, shall be added to and become a part of this Judgment and subject to the terms
5 herein. Plaintiffs reserve all rights available under the applicable Bargaining Agreement and
6 Declarations of Trust for collection of current and future contributions, and for any additional past
7 contributions not included herein as may be determined by Plaintiffs, pursuant to employee
8 timecards or paystubs, by audit, or other means, and the provisions of this agreement are in
9 addition thereto. Defendants specifically waive the defense of the doctrine res judicata as to any
10 such additional amounts determined as due.
11

7.

Audit: Should the Trust Funds request an audit of Defendants’ payroll records in

12 order to confirm proper reporting and payment of contributions pursuant to the Bargaining
13 Agreement, any failure by Defendants to comply with said request shall constitute a default of the
14 obligations under this Agreement. Said audit may be requested either by “regular” scheduled
15 audit or by special audit, but not both within a 12 month period.
16

(a)

In the event that Defendants have an audit in progress, but not yet complete

17 (and thus not included herein), and amounts are found due, Plaintiffs shall send a written demand
18 to Defendants by first class mail for payment in full of the amounts found due in the audit,
19 including contributions, liquidated damages, interest and audit fees.
20

(b)

Defendants will be provided with ten (10) days in which to review the audit,

21 and provide evidence to contest the findings in the event that Defendants do not agree with the
22 total found due. Once the ten (10) day review period expires, in the event that the audit is not
23 contested, payment in full shall be delivered to Michele R. Stafford.
24

(c)

If the audit is contested, and Defendants provide documentation in support

25 of the dispute, Defendants shall be notified as to whether revisions will be made to the audit. If no
26 such revisions are made, Defendant is current in its obligations under the Stipulation, and
27 Defendant continues to contest the audit, the parties shall continue to negotiate a resolution. If
28 Defendant is in default, that has not been cured, payment will be immediately due.

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(d)

1

If revisions are made to said audit as a result of the dispute, payment in full

2 of the revised amount shall be due within ten (10) days of the revised billing.
(e)

3

If Defendants are unable to make payment in full, Defendants may submit a

4 written request to revise this Judgment, modifying the payment plan (by monthly amount and/or
5 payment term), to add the amounts found due in the audit to this Judgment, subject to the terms
6 herein. If the Judgment is so revised, Defendants shall execute the Amended Judgment or
7 Amendment to Judgment within ten (10) days of Plaintiffs’ preparation of said Amended
8 Judgment or Amendment to Judgment. Failure to execute the revised agreement shall constitute a
9 default of the terms herein.
(f)

10

Failure by Defendants to submit either payment in full or a request to add

11 the amounts due to this Judgment within ten (10) days of the date of Plaintiffs demand shall
12 constitute a default of the obligations under this agreement. All amounts found due on audit shall
13 immediately become part of this Judgment.
14

8.

In the event that any check is not timely submitted, is submitted by Defendants but

15 fails to clear the bank, or is unable to be negotiated for any reason for which Defendants are
16 responsible, this too shall be considered to be a default on the Judgment entered. If Defendants fail
17 to submit their contribution reports, and/or certified payroll reports (if any) and/or job lists, and/or
18 fails to comply with any of the terms of the Stipulation herein, this too shall constitute a default.
19

9.

CHRISTINE ANN PATRACUOLA further acknowledges that she is the

20 RMO/CEO/President of AIC PAINTING CORPORATION, and that she is authorized to enter
21 into this Stipulation on its behalf.
22

10.

CHRISTINE ANN PATRACUOLA (“Guarantor”) acknowledges that she is

23 personally guaranteeing all amounts due under the terms of the Stipulation. Defendants/Guarantor
24 and all successors in interest, assignees, and affiliated entities (including, but not limited to parent
25 or other controlling companies), and any companies with which Defendants join or merge, if any,
26 shall also be bound by the terms of this Stipulation as Guarantor. This shall include any additional
27 entities in which CHRISTINE PATRACUOLA is an officer, owner and possesses any controlling
28 ownership interest, including, but not limited to, CAP Designs and Pacific Lines Fencing.
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1 Defendants, Guarantor, and all such entities specifically consent to the Court’s jurisdiction, in
2 writing at the time of any assignment, affiliation or purchase, as well as all other terms herein.
3

In the event that Defendant AIC PAINTING CORPORATION and its guarantor,

4 CHRISTINE PATRACUOLA default under the terms herein, and do not cure said default within
5 the prescribed time period, Plaintiffs expressly retain the right to pursue MARK DALE BOHN
6 individually, and dba AIC Painting for the full amount remaining due, plus any additional amounts
7 due under the terms herein, as set forth in Paragraph 12 below.
8

11.

If a default occurs, Plaintiffs shall make a written demand, sent to

9 Defendants/Guarantor care of their attorney Roger M. Mason Esq., by first class mail and by email
10 to [e-mail] to cure said default. A copy of said Default notice shall also be sent to
11 Christina Patracuola, at [e-mail]. Default will only be cured by the issuance of a
12 replacement, cashier’s check (if the default is caused by a failed check) to be delivered to
13 Saltzman and Johnson Law Corporation within seven (7) days of the date of the notice from
14 Plaintiffs. If Defendants/Guarantor elect to cure said default, and Plaintiffs elect to accept future
15 payments, all such payments shall be made by cashier’s check if the default is caused by a failed
16 check.
17

12.

In the event the default is not cured, all amounts remaining due hereunder, as well

18 as any additional amounts due pursuant to the terms herein, shall be due and payable on demand
19 by Plaintiffs as follows:
20

(a)

The entire amount of $195,537.42, plus interest, reduced by principal

21 payments received by Plaintiffs, but increased by any unpaid contributions then due, plus 20%
22 liquidated damages and 5% per annum interest thereon, shall be immediately due, together with
23 any additional attorneys’ fees and costs incurred in this action, including those identified under
24 section (d) below;
25

(b)

A Writ of Execution may be obtained against Defendants/Guarantor without

26 further notice, in the amount of the unpaid balance, plus any additional amounts under the terms
27 herein, upon declaration by a duly authorized representative of the Plaintiffs setting forth any
28 payment theretofore made by or on behalf of Defendants/Guarantor and the balance due and
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1 owing as of the date of default. Defendants/Guarantor specifically consent to the authority of a
2 Magistrate Judge for all proceedings, including, but not limited to, Plaintiffs’ obtaining a Writ of
3 Execution;
(c)

4

Defendants/Guarantor waive notice of Entry of Judgment and expressly

5 waive all rights to stay of execution and appeal. The declaration or affidavit of a duly authorized
6 representative of Plaintiffs as to the balance due and owing as of the date of default shall be
7 sufficient to secure the issuance of a Writ of Execution;
(d)

8

Defendants/Guarantor shall pay all additional attorneys’ fees and costs

9 incurred by Plaintiffs in connection with this matter, including those incurred for collection and
10 allocation of the amounts owed by Defendants to Plaintiffs under this Stipulation. The additional
11 attorneys’ fees and costs shall be paid by Defendants/Guarantor as set forth above, regardless of
12 whether or not Defendant default under the terms of this Stipulation.
13

13.

Any failure on the part of the Plaintiffs to take any action against

14 Defendants/Guarantor as provided herein in the event of any breach of the provisions of this
15 Stipulation shall not be deemed a waiver of any subsequent breach by the Defendants/Guarantor of
16 any provisions herein.
17

14.

In the event of the filing of a bankruptcy petition by Defendants/Guarantor, the

18 parties agree that any payments made pursuant to the terms of this Judgment, shall be deemed to
19 have been made in the ordinary course of business as provided under 11 U.S.C. Section 547(c)(2)
20 and shall not be claimed as a preference under 11 U.S.C. Section 547 or otherwise.
21 Defendants/Guarantor nevertheless represents that no bankruptcy filing is anticipated.
22

15.

This Stipulation is limited to the agreement between the parties with respect to the

23 delinquent contributions and related sums enumerated herein, owed by Defendants to the
24 Plaintiffs. This Stipulation does not in any manner relate to withdrawal liability claims, if any.
25 Defendants acknowledge that the Plaintiffs expressly reserve their right to pursue withdrawal
26 liability claims, if any, against all named Defendants as provided by the Plaintiffs’ Plan
27 Documents, Trust Agreements incorporated into their Collective Bargaining Agreement, and the
28 law.

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1

16.

Should any provision of this Stipulation be declared or determined by any court of

2 competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and
3 enforceability of the remaining parts, terms or provisions shall not be affected thereby and said
4 illegal, unenforceable or invalid part, term, or provision shall be deemed not to be part of this
5 Stipulation.
6

17.

This Stipulation contains all of the terms agreed by the parties and no other

7 agreements have been made. Any changes to this Stipulation shall be effective only if made in
8 writing and signed by all parties hereto.
9

18.

This Stipulation may be executed in any number of counterparts and by facsimile,

10 each of which shall be deemed an original and all of which shall constitute the same instrument.
11

19.

The parties agree that the Court shall retain jurisdiction of this matter until this

12 Judgment is satisfied.
13

20.

All parties represent and warrant that they have had the opportunity to be or have

14 been represented by counsel of their own choosing in connection with entering this Stipulation
15 under the terms and conditions set forth herein, and that they enter into this Stipulation voluntarily
16 and without duress.
17

Dated: April 4, 2012

AIC PAINTING CORPORATION
By:

18

/S/ Christine Ann Patracuola
Christine Ann Patracuola, its RMO/CEO/President

19
20

Dated: April 4, 2012

CHRISTINA ANN PATRACUOLA

21

/S/ Christine Ann Patracuola
Christine Ann Patracuola, as Individual Guarantor

22
23
Dated: April 4, 2012

SALTZMAN AND JOHNSON LAW
CORPORATION

24
25
By:
26
27
28

/S/Michele R. Stafford
Michele R. Stafford
Attorneys for Plaintiffs
Bay Area Painters & Tapers Trust Funds
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1

APPROVED AS TO FORM:

2

Dated: April 4, 2012

SWEENEY, MASON, WILSON &
BOSOMWORTH

3
4
5

By:

/S/Roger E. Mason
Roger E. Mason
Attorneys for Defendants

6 IT IS SO ORDERED.
7 IT IS FURTHER ORDERED that the calendar in this matter is vacated, and that the Court shall
retain jurisdiction over this matter.
8
4/6
_______________________________________
9 Dated: _________________, 2012
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

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1

Exhibit A

2

Judgment Pursuant to Stipulation

3
Notes: Liquidated damages calculated at 10% of contributions through 3/09 contributions due. From 4/09
contributions due forward, LDs are calculated at 10% of contributions, with a minimum of $150
and not to exceed $750. Liquidated damages increase to 20% of contributions after litigation (here
8/10 contributions onward).
5

4

6
7

Interest is calculated at 7% p/a through 3/09 contributions due, and at 5% p/a thereafter, through
February 29, 2012.

9
10

Contribution balance
Liquidated damages
Interest

4/07
5/07

Interest1
Contributions1
Liquidated damages
Interest

$3,019.41
$564.29
$1,022.25

6/07

Liquidated damages
Interest

$94.45
$11.77

8/07

8

1/07
3/07

Liquidated damages
Interest

$896.12
$3.44

10/07 Liquidated damages
Interest

$1,187.26
$159.38

11/07 Liquidated damages
Interest

$2,245.43
$228.23

12/07 Liquidated damages
Interest

$2,409.80
$101.67

1/08

Liquidated damages
Interest

$1,849.41
$46.30

2/08

Liquidated damages
Interest

$1,710.21
$76.62

3/08

Liquidated damages
Interest

$1,887.72
$50.68

4/08

Liquidated damages
Interest

$1,381.68
$37.10

11
12

$7.94
$2,055.38
$3.94
$2,059.32
$275.45

$4,605.95

13

$106.22

14
15
16
17
18
19
20
21

$899.56
$1,246.64
$2,473.66
$2,511.47
$1,895.71

22
23
24

$1,786.83
$1,938.40

25

$1,418.78
26

5/08

Liquidated damages
Interest

$830.57
$25.49

6/08

Liquidated damages

$1,414.01

27
28

$856.06
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Interest

1

$43.39
$1,457.40

2

7/08

Liquidated damages
Interest

$914.40
$43.84

8/08

Liquidated damages
Interest

$974.57
$26.17

9/08

Liquidated damages
Interest

$569.65
$17.48

10/08 Liquidated damages
Interest

$770.60
$23.65

11/08 Liquidated damages
Interest

$1,290.75
$39.61

3
4
5

$958.24
$1,000.74

6
7
8
9
10
11

$587.13
$794.25
$1,330.36
12/08 Liquidated damages
Interest

$374.62
$10.78
$385.40

3/09

Liquidated damages
Interest

$1,271.54
$22.64

4/09

Liquidated damages
Interest

$750.00
$3.64

5/09

Liquidated damages
Interest

$750.00
$9.54

7/09

Contributions1
Liquidated damages
Interest

$2,822.00
$282.20
$352.17

12
13

$1,294.18

14

$753.64

15
16
17
18

Contributions
Liquidated damages
Interest

$3,029.50
$302.95
$365.62

9/09

Contributions1
Liquidated damages
Interest

$1,981.62
$198.16
$230.74

21
22
23
24
25
26

$3,456.37

1

8/09

19
20

$759.54

10/09 Liquidated damages
Interest

$3,698.07

$2,410.52

1

$180.53
$87.29
$267.82

11/09 Contribution balance1
Liquidated damages
Interest

$643.42
$150.00
$87.14

12/09 Liquidated damages
Interest

$150.00
$49.05

2/10

$150.00

$880.56

27
28

$199.05
Liquidated damages

13
JUDGMENT PURSUANT TO STIPULATION
Case No.: C11-0418 SI

P:\CLIENTS\PATCL\AIC3\Pleadings\Complaint 2011\Stipulations\C11-0418 SI Judgment Pursuant to Stipulation 022712.doc

Interest

1

$0.49
$150.49

2

3/10

Liquidated damages
Interest

$150.00
$4.56

6/10

Contributions2
Liquidated damages
Interest

$170.00
$750.00
$52.21

3
4
5
6
7

Liquidated damages
Interest

8/10

Contribution balance4
Contributions5
Liquidated damages
Interest

9
9/10

11
12
13
14
15
16
17
18

23
24
25
26
27
28

$235.78
$3,277.76
$2,663.69
$1,188.29
$343.58
$7,473.32

4

Contributions
Contributions6
Liquidated Damages
Interest

$9,004.32
$2,632.85
$2,327.43
$744.79
$14,709.39
$3,620.96
$5,727.48
$1,869.69
$538.33

11/10 Contributions7
Contributions9
Liquidated Damages
Interest

$4,954.52
$4,680.24
$1,926.95
$559.61

1/11

Contributions10
Liquidated Damages
Interest

$3,438.36
$1,031.14
$179.92

2/11

Contributions11
Liquidated Damages
Interest

$13,115.84
$4,212.61
$603.36

21
22

$219.26
$16.52

10/10 Contribution balance7
Contributions8
Liquidated Damages
Interest

19
20

$972.21

3

7/10

8

10

$154.56

6/11 Liquidated Damages
7/11 Liquidated Damages
TOTAL
1
2
3
4
5
6
7
8
9
10
11

$11,756.46

$12,121.32

$4,649.42

$17,931.81
$1,513.12
$533.24
$114,616.38

Check stubs for J. Masterson
Check stubs for F. Solis
Check stubs for J. Eldrege
Check stubs for J. Eldrege, J. Solis, C. Rodriguez Jr.
Additional hours for C. Barney, M. Solis, J. Eldrege, C. Rodriguez Jr.
Additional hours for J. Eldrege, M. Solis, C. Horton, A. Gonzalez
Check stubs for J. Solis, C. Rodriguez
Additional hours for J. Solis, C. Horton, A. Gonzalez, C. Longoria
Additional hours for C. Rodriguez, A. Gonzalez, C. Longoria
Additional hours for C. Diaz, N. Sergio
Additional hours for M. Bello, C. Diaz, I. Martinez, Munoz Jr., S. Navarrette, J. Perez, V. Soto
14
JUDGMENT PURSUANT TO STIPULATION
Case No.: C11-0418 SI

P:\CLIENTS\PATCL\AIC3\Pleadings\Complaint 2011\Stipulations\C11-0418 SI Judgment Pursuant to Stipulation 022712.doc

1

EXHIBIT B

2

CASE COLLECTIONS SUMMARY

3

AIC PAINTING CORPORATION

4
5
6
7
8
9
10

JUDGMENT PURSUANT TO STIPULATION (USDC Case No.: C11-0418 SI)

DISCLAIMER
This summary has been prepared at Defendant’s request and is for
information purposes only.
The calculations in this chart assume that Defendant timely pays the correct amounts
required, exactly on the due date, and that all checks clear the bank.

C.
D.

Total Judgment:
Conditional LD
Waiver:
Conditional Amount:
Conditional Payments:

15

E.

Interest

16

Source

Pymt.
No.

Due Date

Date Paid

# of
Days

Amount
Paid

Amount of
Principal
Paid

Balance Due

18

Amount
of
Interest
Paid

1

4/10/12

4/10/12

41

$3,000.00

$750.52

$2,249.48

$131,380.39

19

2

5/10/12

5/10/12

30

$3,000.00

$539.92

$2,460.08

$128,920.31

3

6/10/12

6/10/12

31

$4,000.00

$547.47

$3,452.53

$125,467.78

4

7/10/12

7/10/12

30

$4,000.00

$515.62

$3,484.38

$121,983.40

5

8/10/12

8/10/12

31

$4,000.00

$518.01

$3,481.99

$118,501.41

22

6

9/10/12

9/10/12

31

$4,000.00

$503.23

$3,496.77

$115,004.64

23

7

10/10/12

10/10/12

30

$5,000.00

$472.62

$4,527.38

$110,477.26

24

8

11/10/12

11/10/12

31

$5,000.00

$469.15

$4,530.85

$105,946.41

9

12/10/12

12/10/12

30

$5,000.00

$435.40

$4,564.60

$101,381.81

11
12
13

A.
B.

14

17

20
21

25

$195,537.42
$61,907.55
$133,629.87
4/10/12-5/10/12: $3,000
6/10/12-9/10/12: $4,000
10/10/12-12/10/12: $5,000
1/10/13-4/10/14: $7,000
5% from March 1, 2012

10

1/10/13

1/10/13

31

$7,000.00

$430.53

$6,549.47

$94,832.34

26

11

2/10/13

2/10/13

31

$7,000.00

$402.71

$6,597.29

$88,235.05

27

12

3/10/13

3/10/13

28

$7,000.00

$338.44

$6,661.56

$81,573.49

28

15
JUDGMENT PURSUANT TO STIPULATION
Case No.: C11-0418 SI

P:\CLIENTS\PATCL\AIC3\Pleadings\Complaint 2011\Stipulations\C11-0418 SI Judgment Pursuant to Stipulation 022712.doc

Pymt.
No.

Due Date

Date Paid

# of
Days

Amount
Paid

Amount
of
Interest
Paid

Amount of
Principal
Paid

Balance Due

13

4/10/13

4/10/13

31

$7,000.00

$346.41

$6,653.59

$74,919.90

14

5/10/13

5/10/13

30

$7,000.00

$307.89

$6,692.11

$68,227.79

15

6/10/13

6/10/13

31

$7,000.00

$289.73

$6,710.27

$61,517.52

16

7/10/13

7/10/13

30

$7,000.00

$252.81

$6,747.19

$54,770.33

6

17

8/10/13

8/10/13

31

$7,000.00

$232.59

$6,767.41

$48,002.92

7

18

9/10/13

9/10/13

31

$7,000.00

$203.85

$6,796.15

$41,206.77

8

19

10/10/13

10/10/13

30

$7,000.00

$169.34

$6,830.66

$40,526.11

20

11/10/14

11/10/14

31

$7,000.00

$172.10

$6,827.90

$33,698.21

1

Source

2
3
4
5

9

21

12/10/14

12/10/14

30

$7,000.00

$138.49

$6,861.51

$26,836.70

10

22

1/10/14

1/10/14

31

$7,000.00

$113.96

$6,886.04

$19,950.66

11

23

2/10/14

2/10/14

31

$7,000.00

$84.72

$6,915.28

$13,035.38

12

24

3/10/14

3/10/14

28

$7,000.00

$50.00

$6,500.00

$6,535.38

25

4/10/14

4/10/14

31

$6,563.13
*

$27.75

$6,535.38

$0.00

13
14

* Plus additional attorneys’ fees and costs.

15
16
17
18
19
20
21
22
23
24
25
26
27
28

16
JUDGMENT PURSUANT TO STIPULATION
Case No.: C11-0418 SI

P:\CLIENTS\PATCL\AIC3\Pleadings\Complaint 2011\Stipulations\C11-0418 SI Judgment Pursuant to Stipulation 022712.doc

1
2
3
4
5

EXHIBIT C
JOB REPORT FORM
*** Updated report must be faxed to Michele R. Stafford, Esq., at [phone]
on the 15th day of each month ***
Employer Name: AIC PAINTING CORPORATION
Report for the month of __________________ Submitted by (print name):

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Project Name:
Project Address:
Owner name:
General Contractor:
General Contractor
Address/Tel. #:
Contract #:
Total Value of
Contract:
Work Start Date:
Project Name:
Project Address:
Owner Name:
General Contractor:
General Contractor
Address/Tel. #:
Contract #:
Total Value of
Contract:
Work Start Date:
Project Name :
Project Address:
Owner Name:
General Contractor:
General Contractor
Address/Tel. #:
Contract #:
Total Value of
Contract:
Work Start Date:

Date of Contract:

Work Completion Date:

Date of Contract:

Work Completion Date:

Date of Contract:

Work Completion Date:
*** Attach additional sheets as necessary ***

26
27
28

17
JUDGMENT PURSUANT TO STIPULATION
Case No.: C11-0418 SI

P:\CLIENTS\PATCL\AIC3\Pleadings\Complaint 2011\Stipulations\C11-0418 SI Judgment Pursuant to Stipulation 022712.doc