LOS ANGELES – A Stockton employer is alleged to have failed to pay a withdrawal liability.
The UFCW - Northern California Employers Joint Pension Trust Fund and the board of trustees of the UFCW - Northern California Employers Joint Pension Trust Fund filed a complaint on June 14 in the U.S. District Court for the Northern District of California against California Spray Dry Co. LLC and Does 1 through 10 citing the Employee Retirement Income Security Act.
According to the complaint, the defendant withdrew from contributing to the plaintiffs' fund in 2014 and the plaintiffs mailed it a demand letter in December 2015 for the withdrawal liability. The suit states the defendant contacted the plaintiffs to inform them it was no longer in operation and had no assets and asked that the withdrawal liability be recalculated. An agreement was later made in arbitration that the defendant be required to pay the withdrawal liability.
The plaintiffs seek require the defendant to pay the amount of $315,131, plus interest, all legal fees, interest or liquidated damages of 20 percent of the withdrawal liability and any other relief as the court deems just. They are represented by F. Scott Page and Christopher A. Crosman of Seyfarth Shaw LLP in Los Angeles.
U.S. District Court for the Northern District of California Case number 3:17-cv-03463-EDL