Sheet Metal Workers Pension Trust of Northern California v. Bay Area HVAC, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SHEET METAL WORKERS PENSION Case No. 19-cv-07976-VC

TRUST OF NORTHERN CALIFORNIA,

et al.,

ORDER DENYING MOTION FOR

Plaintiffs, SUMMARY JUDGMENT v. Re: Dkt. No.

BAY AREA HVAC, INC., et al., Defendants.

The Trust Funds moved for summary judgment in their delinquent contributions case against Bay Area HVAC, a company they claim is obligated to pay fringe benefits to the Funds because of collective bargaining agreements it signed with Local 104. Although the Trust Funds may well be correct that Bay Area HVAC’s owner, Edgar Andrade, has lied under oath about material issues in this case, the issue of his credibility cannot be resolved on a summary judgment motion. Those who seek to challenge the validity of their collective bargaining agreements to avoid making benefit contributions to pension trust funds cannot assert many traditional contract defenses. Southwest Administrators, Inc. v. Rozay’s Transfer, 791 F.2d 769, 773 (9th Cir. 1986). But a fraud-in-the-execution defense is available to them. See id. at 774; Operating Engineers Pension Trust v. Gilliam, 737 F.2d 1501,…