Southern California United Food and Commercial Workers Unions and Employers Joint Pension Fund et al v. Jerry L Preston et al

Filing 98

JUDGMENT by Judge James V. Selna, in favor of Southern California United Food and Commercial Workers Unions and Employers Joint Pension Fund against Black Oak LP, Blue Oak LP, Brahms Real Estate LLC, Doheny Enterprises II, Doheny Enterprises LLC, Doh eny Partners Inc, Doheny Sierra LLC, Doheny V LLC, Oak Capital Advisors LLC, PT Dume Shopping Center LLC, Preston Family Trust of 1999, Jerry L Preston in the principal amount of $$488,345.33, interest in the amount of $$8,253.27, attorneys fees of $$11,584.86, costs of $$469.95 for a total judgment of $$488,345.33. Each Defendant shall be jointly and severally liable for the Default Judgment against Cookes Family Markets, Inc., entered on February 26, 2009 in case no. SACV-08-1372 CJC (attached hereto as Exhibit A). The Judgment in this matter is comprised of the following components in the Default Judgment. (MD JS-6, Case Terminated). (twdb)

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1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 SOUTHERN DIVISION JS-6 4 5 SOUTHERN CALIFORNIA UNITED CASE NO. CV10-01486 JVS (MLGX) FOOD AND COMMERCIAL 6 WORKERS UNIONS AND FOOD EMPLOYERS JOINT PENSION 7 FUND, AND FRANK JORGENSEN AND GREG CONGER, ITS 8 TRUSTEES, Plaintiffs, 9 10 JUDGMENT vs. 11 JERRY L. PRESTON, et al., Defendants. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On October 24, 2011, the Court granted summary judgment against the following defendants in this action: 1. Jerry L. Preston; 2. Doheny Enterprises, LLC; 3. Doheny Enterprises II, LLC; 4. Doheny V, LLC; 5. Doheny Management, Inc.; 6. Pt. Dume Shopping Center, LLC; 7. Brahms Real Estate, LLC; 8. Doheny Sierra, LLC; 9. Doheny Partners, Inc.; 10. Blue Oak, LP; 11. Oak Capital Advisors, LLC; and 12. Black Oak, LP. On April 4, 2012, the Court issued an order approving a stipulated judgment 1 JUDGMENT.19482 (Proposed)JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 against Defendant, 13. Plaintiffs’ claims against the three other defendants have been dismissed without prejudice. It is ORDERED AND ADJUDGED that Plaintiff Pension Fund shall have judgment against the thirteen Defendants named above, and each of them, for $488,345.33 (as of May 18, 2012), with interest thereafter at the rate of $46.04 per day (pursuant to (b) and (e) below), and costs of suit herein. Each Defendant shall be jointly and severally liable for the Default Judgment against Cooke’s Family Markets, Inc., entered on February 26, 2009 in case no. SACV-08-1372 CJC (attached hereto as Exhibit A). The Judgment in this matter is comprised of the following components in the Default Judgment: 13 (a) 16 (pursuant to 26 U.S.C. §6621) thereafter; (c) Attorney’s fees on the Default Judgment in the amount of (d) Costs on the Default Judgment in the amount of $469.95; (e) Interest on said attorney’s fees and costs accruing at the rate of $11,584.86; 19 20 21 Pre-Default Judgment Interest on said withdrawal liability of $8,253.27 through February 1, 2009 and accruing at the rate of $45.83 per day 17 18 Withdrawal liability in the amount of $412,743.00 (b) 14 15 The Preston Family Trust of 1999. at $0.21 per day (pursuant to 29 U.S.C. §1961) after February 26, 2009. 22 23 24 25 DATED: May 31, 2012 _____________________________ 26 James V. Selna 27 United States District Judge 28 Presented by: JUDGMENT.19482 2 (Proposed)JUDGMENT 1 D. WILLIAM HEINE, (111079) LUCAS OPPENHEIM (254477) 2 SCHWARTZ, STEINSAPIR, DOHRMANN & SOMMERS LLP 6300 Wilshire Boulevard, Suite 2000 3 Los Angeles, California 90048-5268 4 Telephone: (323) 655-4700 Facsimile: (323) 655-4488 dwh@ssdslaw.com 5 E-mail: 6 Attorneys for Plaintiffs 7 Southern California United Food and Commercial Workers Unions and Food Employers Joint Pension Trust Fund and its Trustees 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JUDGMENT.19482 3 (Proposed)JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 FORM OF JUDGMENT.19482 FORM OF JUDGMENT

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