Claim for delinquent contributions to employee benefit plans, under 29 U.S.C. §§ 185(a), 1132(g)(2) and 1145, in FAVOR of Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company (“TRUST FUNDS”), and AGAINST Defendant D T S Enterprise, Inc., dba D T S Concrete (“EMPLOYER”), arising in the period through June 30, 2023, in the amount of $675,000.00, payable in installments as described below.
Pursuant to the Settlement between the Parties, the Clerk is Ordered to immediately release the Interplead Funds, together with any interest accrued, payable to Plaintiff as “Construction Laborers Trust Funds.” Such payment shall be credited against the Judgment against the EMPLOYER.
Notice shall be effective, and the ten (10) calendar days to cure shall commence on the date of mailing, email or other transmittal as specified in the Settlement Agreement.
Counsel for the Trust Funds shall file and serve a Notice, accompanied by a declaration establishing the Default, and an accounting of payments, credits and interest.
This Tolling Agreement may be terminated, and the Fourth Claim for Relief may be re-asserted in an appropriate forum, only after 30 days’ written notice, as provided in the Stipulation for Judgment.