Solano-Napa Counties Electrical Workers Health & Welfare Trust v. Brambila & Kelley Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SOLANO-NAPA COUNTIES Case No. 24-cv-06403-AMO (AGT)

ELECTRICAL WORKERS HEALTH &

WELFARE TRUST, et al.,

REPORT AND RECOMMENDATION

Plaintiffs, Re: Dkt. No. 16 v.

BRAMBILA & KELLEY INC.,

Defendant.

The undersigned recommends that Judge Martinez-Olguin grant plaintiffs’ motion for default judgment and enter judgment for plaintiffs and against Brambila & Kelley, Inc. (“B&K”), a California corporation, for $115,888.69. * * * From June 1, 2020, through December 31, 2022, B&K underfunded trust funds that were used to pay its employees’ fringe benefits. See Dkt. 1, Compl. ¶¶ 8–12; Dkt. 16-1, Fan Decl. ¶¶ 6–11.1 By doing so, B&K breached the trust agreements and a related collective bargaining agreement and violated ERISA. See Compl. ¶¶ 11–16; 29 U.S.C. § 1145. An audit revealed that B&K owes the trust funds $115,888.69 for the period in question.

1 On a motion for default judgment, the Court accepts the plaintiffs’ factual allegations as true. Cripps v. Life Ins. Co. of N. Am., 980 F.2d 1261, 1267 (9th Cir. 1992). The above total is the sum of the following amounts: $74,320.21 in unpaid contributions;…