SAN FRANCISCO – The trustees of several labor union funds allege a landscaping company has not paid fringe contributions.
The board of trustees, in their capacities as trustees of the Laborers Health and Welfare Trust Fund for Northern California, Laborers Pension Trust Fund for Northern California, Laborers Vacation-Holiday Trust Fund for Northern California and Laborers Training-Retraining/Apprenticeship Trust Fund for Northern California filed a complaint on Nov. 29 in the U.S. District Court for the Northern District of California against Arturo Solorzano Munoz, individually and doing business as Solorzano Landscape Construction, and Solorzano Landscape Construction citing the Employee Retirement Income Security Act and the Labor Management Relations.
According to the complaint, the plaintiffs allege that an audit of the books and records of defendants for the period of January 2011 to July 2015 revealed non-payment of the contributions to the trust funds, moreover, defendants have refused to pay such amounts and there is now due. The suit states the amount of $44,268.24, liquidated damages and interest in the amount of $32,427.42, and liquidated damages fees in the amount of $1,200 are due and owing.
The plaintiffs holds Arturo Solorzano Munoz, individually and doing business as Solorzano Landscape Construction, and Solorzano Landscape Construction responsible because the defendants allegedly failed, neglected and refused to make timely fringe benefit contributions as required by the applicable agreements.
The plaintiffs request a trial by jury and seek judgment against defendants, unpaid contributions of $44,268.24, liquidated damages and interest of $32,427.42, liquidated damages fees of $1,200, compel defendants to submit to an audit, attorneys' fees, costs of suit and further relief as the court deems just. They are represented by Barry E. Hinkle, Concepcion E. Lozano-Batista and Tracy L. Mainguy of Weinberg, Roger & Rosenfeld in Alameda.
U.S. District Court for the Northern District of California Case number 3:16-cv-06842