SAN DIEGO – A board of trustees for a labor union trust fund alleges it is owed nearly $20,000 in unpaid contributions.
Board of trustees of the San Diego Cement Masons Pension Trust Fund filed a complaint on Sept. 27 in the U.S. District Court for the Northern District of California against Carolino Construction Corp., San Diego Unified School District, Liberty Mutual Insurance Co., State National Insurance Co. Inc. and Does 1-50 alleging breach of collective bargaining agreement.
According to the complaint, the plaintiff entered an agreement with Carolino Construction which obligated defendants to pay fringe benefit contributions at the rates set forth for the benefit of plaintiff. However, the defendants allegedly have failed to pay the monthly contributions since July 2015, as well as liquidated damages for defendant's failure to pay monthly contributions plus interest on the delinquent contributions.
The plaintiff holds Carolino Construction Corp., San Diego Unified School District, Liberty Mutual Insurance Co., State National Insurance Co. Inc. and Does 1-50 responsible because the defendants allegedly failed to pay the rates specified in the contract to the trust fund, failed to submit all records necessary for a complete audit, failed to timely pay monthly contributions when due and failed to allow an audit of its books and records.
The plaintiff requests a trial by jury and seeks judgment against defendants; unpaid contributions of at least $19,184.50; liquidated damages of $1,551,89; interest of $862.16; attorney's fees; costs of suit and further relief as the court deems just. It is represented by Melissa W. Cook and Allison R. Lemeshewsky of Melissa W. Cook & Associates in San Diego.
U.S. District Court for the Northern District of California Case number 3:16-cv-02416