Board of Trustees of the Airconditioning & Refrigeration Industry Health & Welfare Trust Fund v. J.R.D. Mechanical Services, Inc.

Good Law

99 F. Supp. 2d 1115·1999 WL 1569777·24 Employee Benefits Cas. (BNA) 1167·1999 U.S. Dist. LEXIS 21650

United States District Court, Central District of CaliforniaDecember 9, 199997-3924 RAP (BQRx)California3,763 words

Opinion

Paez, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. INTRODUCTION

The Board of Trustees of the Aircondi-tioning and Refrigeration Industry Health and Welfare Trust Fund (“Health Fund”), the Board of Trustees of the Aircondition-ing and Refrigeration Industry Retirement Trust Fund (“Retirement Fund”), and the Board of Trustees of the Airconditioning and Refrigeration Industry Defined Contribution Retirement Plan (“401(k) Plan”) (collectively, the “Trust Funds”) brought this action against J.R.D. Mechanical Services, Inc. (“J.R.D.”) for violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), 29 U.S.C. § 1001 et seq., and the Labor Management Relations Act, 1947, as amended (“LMRA”), 29 U.S.C. § 141 et seq. The parties stipulated to J.R.D.’s liability for failure to pay required employer contributions, including deductions from employee wages, into the Trust Funds.

Plaintiffs also named James R. Divers (“Divers”), who started J.R.D., as a defendant. Divers was J.R.D.’s President, sole officer and director, and sole owner from December 1996 through at least April 1997. Plaintiffs sought to hold Divers personally hable for J.R.D.’s ERISA violations not under…

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