Sully Equipment Rentals, Inc. v. Does 1 Through 100 As Trustees of the Operating Engineers Health & Welfare Fund

MEMORANDUM OF DECISION

The above entitled cause came on regularly for hearing on defendants’ and counterclaimants’ Operating Engineers Pension Trust, et al., motion for summary judgment. The Court having considered the arguments, both written and oral, submitted by the parties now finds the following facts are not in dispute:

Plaintiff Sully Equipment Rentals initiated this action in California Superior Court on May 3,1982. The action was removed to federal court on July 6, 1982. Jurisdiction is founded upon Section 301(a) of the Labor Management Relations Act, 29 U.S.C.A. § 185 (a), and Section 502(a)(3) of the Employee Retirement Income Security Act, 29 U.S.C.A. § 1132 (a)(3). Plaintiff’s complaint alleges breach of a collective bargaining agreement, interference with prospective economic advantage and disparagement. Plaintiff seeks injunctive relief as well as general and punitive damages. Defendants counterclaimed for unpaid contributions to the Trust funds.

Defendants and counterclaimants are the Operating Engineers Pension Trust, Operating Engineers Health and Welfare Fund, Operating Engineers Vacation-Holiday Savings Trust and Operating Engineers Training Trust…