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Employment Law
ERISA
Breach of Written Collective Bargaining Agreement and Related Trust Agreements

Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund, Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health Fund, Trustees of the Southern California Pipe Trades Retirement Trust Fund, Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund, Trustees of the Southern

Published: Apr. 1, 2017 | Result Date: Feb. 13, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 2:15-cv-05295-DMG-JC Bench Decision –  $45,017

Court

USDC Central


Attorneys

Plaintiff

Marija K. Decker
(Laquer, Urban, Clifford & Hodge LLP)


Defendant

Behrouz Shafie
(Behrouz Shafie & Associates)


Facts

Plaintiffs sued defendants Pima Corp., Advanced Construction, and Bijan Pirouz, among other defendants, for alleged ERISA violations.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs asserted causes of action for breach of written collective bargaining agreement and related trust documents, violation of Section 515 of ERISA, breach of ERISA fiduciary duties, engaging in prohibited transactions in violation of ERISA, breach of contract, and conversion.

DEFENDANTS' CONTENTIONS:
Defendants Pima and Pirouz denied the allegations and asserted various affirmative defenses.

Result

The court entered a default against Pima and granted plaintiff's motions for summary judgment against Pirouz. The court entered judgment against Pirouz in the amount of $45,017 plus attorney fees and costs. Pima and Pirouz were also required to produce certain documents outlined in the court's final judgment.


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