LOS ANGELES – A construction employer is alleged to have failed to pay a withdrawal liability to a labor union fund.

Board of trustees of the Southern California Floor Covering Pension Trust Fund filed a complaint on May 16 in the U.S. District Court for the Central District of California against William Joseph Brucato, an individual doing business as Joe Brucato Flooring Sales and Services, and Does 1 through 10, inclusive, alleging that the defendants violated the Employer Retirement Income Security Act of 1974.

According to the complaint, the plaintiffs allege that on June 2015, plaintiffs learned that the defendants withdrew from the pension fund amounting to $19,750 liability under ERISA. The plaintiffs holds Brucato, an individual doing business as Joe Brucato Flooring Sales and Services, and Does 1 through 10, inclusive responsible because the defendants allegedly failed and refused to make the initial installment payment or any installment payment due after, pursuant to plaintiff's notice of withdrawal liability on Nov. 23, 2015.

The plaintiffs request a trial by jury and seek full payment of $19,750 withdrawal liability owed, liquidated damages, attorneys' fees, costs of suit and for such other and further relief as the court deems just and proper. It is represented by Jeffrey L. Cutler, Nicholas I. Starkman and Michael R. Odoca of Wohlner Kaplon Cutler Halford and Rosenfeld in Encino.

U.S. District Court for the Central District of California Case number 2:17-cv-03666-CBM-PLA

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U.S. District Court for the Central District of California
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Los Angeles, CA - 90012

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