Retail Clerks Union Joint Pension Trust v. Freedom Food Center, Inc.

938 F.2d 136 119 Lab.Cas. P 10,821 , 19 Fed.R.Serv.3d 1483 RETAIL CLERKS UNION JOINT PENSION TRUST, Trustees Retail Clerks Union Joint Pension, et al., Plaintiffs-Appellees, v. FREEDOM FOOD CENTER, INC., a California Corporation d.b.a. Freedom Food Center, Defendant-Appellant. No. 90-15622. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 12, 1991. Decided July 3, 1991. Jay R. Oliff, Everton & Oliff, San Jose, Cal., for defendant-appellant. Fred D. Lonsdale, Barry S. Jellison, Davis, Cowell & Bowe, San Francisco, Cal., for plaintiffs-appellees. Appeal from the United States District Court for the Northern District of California. Before BEEZER, NOONAN and FERNANDEZ, Circuit Judges. BEEZER, Circuit Judge: 1 Freedom Food appeals the denial of its motion to vacate a stipulated judgment on the ground that the stipulation was signed on its behalf by a non-lawyer. We affirm. 2 * Freedom Food Center, Inc. was party to a collective bargaining agreement obligating it to contribute to employee benefit plans. Plaintiffs are the trustees of those plans. Beginning in October 1987, Freedom stopped making the required payments to the plans. The trustees' claim for…