SAN FRANCISCO — A California board of trustees for multiple union trust funds in Northern California filed a complaint with the U.S. District Court for the Northern District of California on April 9, alleging Legend Theatrical Inc. owes fringe benefits and refuses to pay the trust nearly $30,000.

After an audit allegedly revealed contributions to the trust funds had not been paid for two years, the board wants another audit performed, saying they “believe that additional amounts may be due and owing." The motion was filed by attorney Concepcion E. Lozano-Batista with Weinberg, Roger and Rosenfeld.

The board is suing for breach of contract, damages, and to compel an audit in accordance with California’s Employee Retirement Income Security and the Labor Management Relations acts. The board represents the Northern California Laborers Health and Welfare Trust Fund, Vacation-Holiday Fund, Pension Fund, and Training Fund.

Union workers with the Northern California District Council of Laborers entered into a Project Labor Agreement with Legend Theatrical to work on the San Francisco Unified School District project. Legend Theatrical offers professional entertainment equipment and services such as staging, lighting and design. It is located in Scotts Valley.

The board alleges that Legend “promised that it would contribute and pay to plaintiffs the hourly amounts required by the agreements for each hour paid for or worked by any of their employees who performed any work covered by said agreements.”

The board claims that an agreed-upon audit for the 2015-2016 period discovered that fringe benefit contributions had not been submitted to the trust funds and that Legend “has refused to pay such amounts."

The plaintiffs seek contributions in the amount of roughly $19,600, liquidated damages and interest in the amount of $9,200, and liquidated damages fees in the amount of $900, in relation to such unpaid contributions, based on the audit of defendant’s books and records.

The board is represented by Lozano-Batista, Barry E. Hinkle and Tracy L. Mainguy with Weinberg, Roger and Rosenfeld in Alameda.

U.S. District Court for the Northern District of California case No. 3:18-cv-02132

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U.S. District Court for the Northern District of California




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