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CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY v. MARTINEZ, CV12-09434 DDP (JEMx). (2014)

Court: District Court, C.D. California Number: infdco20140326a01 Visitors: 20
Filed: Mar. 25, 2014
Latest Update: Mar. 25, 2014
Summary: JUDGMENT PURSUANT TO STIPULATION DEAN D. PREGERSON, District Judge. PURSUANT TO THE STIPULATION by and between the Plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC, a fiduciary, administrator, agent and assignee for collection to the LABORERS HEALTH AND WELFARE TRUST FUND FOR SOUTHERN CALIFORNIA; CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA; CONSTRUCTION LABORERS VACATION TRUST FOR SOUTHERN CALIFORNIA; LABORERS TRAINING AND RE-TRAI
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JUDGMENT PURSUANT TO STIPULATION

DEAN D. PREGERSON, District Judge.

PURSUANT TO THE STIPULATION by and between the Plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC, a fiduciary, administrator, agent and assignee for collection to the LABORERS HEALTH AND WELFARE TRUST FUND FOR SOUTHERN CALIFORNIA; CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA; CONSTRUCTION LABORERS VACATION TRUST FOR SOUTHERN CALIFORNIA; LABORERS TRAINING AND RE-TRAINING TRUST FUND FOR SOUTHERN CALIFORNIA; FUND FOR CONSTRUCTION INDUSTRY ADVANCEMENT; CENTER FOR CONTRACT COMPLIANCE; LABORERS CONTRACT ADMINISTRATION TRUST FUND FOR SOUTHERN CALIFORNIA, and LABORERS' TRUSTS ADMINISTRATIVE TRUST FUND FOR SOUTHERN CALIFORNIA through their attorneys, Reich, Adell & Cvitan, A Professional Law Corporation, by Marsha M. Hamasaki, and Defendant, JOSE J. MARTINEZ, also known as JOHNNY MARTINEZ, and good cause appearing therefor:

IT IS HEREBY ORDERED THAT:

A. Judgment is entered in favor of the CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC, a fiduciary, administrator, agent and assignee for collection to the LABORERS HEALTH AND WELFARE TRUST FUND FOR SOUTHERN CALIFORNIA; CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA; CONSTRUCTION LABORERS VACATION TRUST FOR SOUTHERN CALIFORNIA; LABORERS TRAINING AND RE-TRAINING TRUST FUND FOR SOUTHERN CALIFORNIA; FUND FOR CONSTRUCTION INDUSTRY ADVANCEMENT; CENTER FOR CONTRACT COMPLIANCE; LABORERS CONTRACT ADMINISTRATION TRUST FUND FOR SOUTHERN CALIFORNIA, and LABORERS' TRUSTS ADMINISTRATIVE TRUST FUND FOR SOUTHERN CALIFORNIA (collectively "TRUST FUNDS") and against Defendant, JOSE J. MARTINEZ, also known as JOHNNY MARTINEZ ("MARTINEZ") in the principal sum of $163,991.64 covering the period from July 1, 2008 through December 2013 ("JUDGMENT").

B. The money judgment entered in this action is for known delinquencies incurred during periods from July 1, 2008 to December 2013. The TRUST FUNDS and MARTINEZ stipulate that TRUST FUNDS have not completed the audit of MARTINEZ'S records for the period after June 28, 2013. Therefore, as to the period after June 28, 2013, the entry of the money Judgment in this action shall not be construed to be or operate as a bar and/or res judicata as to the amount of delinquencies after June 28, 2013, which may be discovered by a subsequent audit conducted by Plaintiff and/or by the TRUST FUNDS' representatives and/or which may be disclosed through claims by employees, and in any action brought to recover the subsequently disclosed delinquencies.

Source:  Leagle

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