SAN FRANCISCO – A trust fund has filed suit against several employers alleging they did not make quarterly payments.
Pension plan for Pension Trust Fund for Operating Engineers, Richard Piombo and Russell E. Burns filed a complaint on Aug. 11 in the U.S. District Court for the Northern District of California against A Plus Materials Recycling Inc., Don Lawley Co. Inc., Mr. Trucker, Atoz Repair and Remodel LLC, Lawley Bros. LLC, Pennrod Capital LLC and Does 1-10 alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege that the defendants made a partial withdraw from participation in the plan per the collective bargaining agreements between the parties in 2012. The plaintiffs holds A Plus Materials Recycling Inc., Don Lawley Co. Inc., Mr. Trucker, Atoz Repair and Remodel LLC, Lawley Bros. LLC, Pennrod Capital LLC and Does 1-10 responsible because the defendants allegedly failed to make quarterly withdrawal liability payments to the trust fund.
The plaintiffs seek unpaid withdraw liability of $1,071,767 less any credits for recoveries received before time of judgment, liquidated damages, interest equal to 20 percent of the amount of unpaid withdraw liability, all legal fees and any other relief as the court deems just. They are represented by Shaamini A. Babu, Anne Bevington and Allan D. Shuldiner of Saltzman & Johnson Law Corp. in San Francisco.
U.S. District Court for the Northern District of California Case number 4:16-cv-04568-KAW