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Employment Law
ERISA
Breach of the Collective Bargaining Agreement

Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California, et al. v. Breneman Inc.; James G. Breneman

Published: Nov. 10, 2017 | Result Date: Oct. 10, 2017 |

Case number: 16-cv-01640-YGR Summary Judgment –  Plaintiff

Judge

Yvonne Gonzalez Rogers

Court

USDC Northern District of California


Attorneys

Plaintiff

Ronald L. Richman
(Bullivant Houser Bailey PC)

Susan J. Olson
(Bullivant Houser Bailey PC)


Defendant

Baron J. Drexel
(Law Office Baron J. Drexel)


Facts

Plaintiffs were trustees and fiduciaries of employee benefit plans with authority to control, manage and administer the funds. They brought an action against defendants regarding the payment of contributions into the funds.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants failed to make timely contributions due to the fund.

Plaintiffs asserted causes of action for breach of the collective bargaining agreement, recovery of unpaid trust fund contributions, breach of contract, and mandatory injunction.

DEFENDANTS' CONTENTIONS: Defendants did not contest or dispute the amounts as being owed.

Result

The court granted plaintiffs' motion and awarded them a total of $184,516.52 in unpaid plan contributions, liquidated damages and attorney fees and costs.


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