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AMENDED JUDGMENT PURSUANT TO STIPULATION 

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Muriel B. Kaplan, Esq. (SBN 124607) 

Michele R. Stafford, Esq. (SBN 172509) 

SALTZMAN & JOHNSON LAW CORPORATION 

44 Montgomery St., Suite 2110 

San Francisco, CA 94104 

(415) 882-7900 

(415) 882-9287 – Facsimile 

mkaplan@sjlawcorp.com 

mstafford@sjlawcorpcom 

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

BAY AREA PAINTERS AND TAPERS 

PENSION FUND, et. al. 

Plaintiffs, 

 v. 

HENRY’S PAINTING, INC., A California 

Corporation, and WILLIAM MICHAEL 

HENRY, Individually, 

Defendants. 

Case No.: C08-0685 MHP 

AMENDED JUDGMENT 

PURSUANT TO STIPULATION 

IT IS HEREBY STIPULATED by and between the parties hereto, that the Judgment may 

be entered in the within action in favor of the Plaintiffs and against Defendant HENRY’S 

PAINTING, INC. and WILLIAM MICHAEL HENRY, and/or successor entities, as follows: 

 1. Defendants entered into a valid Collective Bargaining Agreement with the District 

Council 16 of the International Union of Painters and Allied Trades (hereinafter "Bargaining 

Agreement") that was in full force and effect until June 30, 2008. 

 2. A Judgment Pursuant to Stipulation (“April 2008 Stipulation”) was entered by the 

Court on April 29, 2008, in the amount of $81,235.11 plus 7% per annum interest. Defendants 

made seven payments thereunder and then defaulted on their obligations. 

/// 

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 3. In addition to the amounts previously owed under the prior Judgment, Defendants 

have become indebted to the Trust Funds for additional contributions and related amounts. The 

total amount now due is as follows: 

Balance of Amended Writ (as of 8/26/09) (incorporating 

Principal Balance on Stipulated Judgment) 

$74,779.97

7% p/a Interest (8/27/09-2/28/10) $2,667.50

Attorney’s fees (5/27/09-2/28/10) $3,227.50

Costs (4/1/09-7/14/09) $1,576.33

 $82,251.30

 4. Defendants shall conditionally pay the amount of $75,387.88, representing all of 

the above amounts, less liquidated damages in the amount of $6,863.42, as set forth in the April 

2008 Stipulation. This waiver is expressly conditioned upon the Trustees approval after timely 

compliance with all of the terms of this Stipulation. 

(a) Beginning on or before March 10, 2010, and no later than the 10th day of 

each month thereafter, for a period of twenty-four (24) months, through and including February 

10, 2012, Defendants shall make payments to Plaintiffs, as follows:

▪ Beginning with the payment due on March 10, 2010, the amount of 

$500.00, for the first three months (March 10, 2010 to May 10, 2010); 

▪ Beginning with the payment due June 10, 2010, the payment amount 

shall increase to $1,000.00 per month for the next three months (June 10, 2010 to August 10, 

2010); 

▪ Beginning with the payment due September 10, 2010, the payment 

amount shall increase to $2,500.00 per month for the next six months (September 10, 2010 to 

February 10, 2011); 

▪ Thereafter, beginning with the payment due March 10, 2011, the 

payment amount shall increase to $5,200.00 per month for the next twelve months (March 10, 

2010 to February 10, 2012); 

/// 

/// 

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▪ All other amounts due pursuant to the terms of this Judgment will be 

paid in one lump sum payment, together with the twenty-fourth stipulated payment, on or before 

February 10, 2012. 

(b) Payments may be made by joint check, if endorsed prior to submission. 

Defendants shall have the right to increase the monthly payments at any time and there is no 

penalty for prepayment. 

(c) Payments shall be applied first to unpaid interest and then to unpaid 

principal. The unpaid principal balance shall bear interest from March 1, 2010, at the rate of seven 

percent (7%) per annum in accordance with the terms of the April 2008 Stipulation and the 

Collective Bargaining Agreement and Plaintiffs’ Trust Agreements. 

 (d) Prior to the last payment due pursuant to this Stipulation, Plaintiffs shall 

advise Defendants, in writing, as to the final amount due, including interest and all additional 

attorneys’ fees and costs incurred by Plaintiffs in connection with collection and allocation of the 

amounts owed to Plaintiffs under this Stipulation. Any additional amounts due pursuant to the 

provisions hereunder shall also be paid in full with the February 10, 2012 stipulated payment. The 

final payment shall not include the conditionally waived liquidated damages. Once all other 

amounts are paid in full and Defendant’s account is otherwise current, waiver will be considered. 

Any amounts remaining due after the trustees consider the request shall be paid upon demand 

from Plaintiffs.

 (e) Checks shall be made payable to the “District Council Northern California 

Health and Welfare Trust Fund”, and delivered to Michele R. Stafford at Saltzman & Johnson 

Law Corporation, 44 Montgomery Street, Suite 2110, San Francisco, California 94104, or to such 

other address as may be specified by Plaintiffs, and are to be received on or before the 10th day of 

each month, 

(f) To the extent that Defendant is obligated to contribute to the Trust Funds, 

Defendants have agreed to execute, and cause to be executed, Joint Check Agreements for current 

contributions on all current and future jobs for which Defendants are performing work, and shall 

provide those Joint Check Agreements promptly and fully executed to Plaintiffs, until satisfaction 

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of this Judgment. A blank Joint Check Agreement shall be provided to Defendant upon 

commencement of work on any projects. 

 (g) In addition to the payments set forth above, Defendants agree that Plaintiffs 

shall also receive 10% (ten percent) of any and all progress payments due and payable to 

Defendants, for all jobs (current and future) for the first six months of the payment term (March 

10, 2010 to August 10, 2010); and 15% (fifteen percent) of all progress payments thereafter, until 

the Judgment is satisfied. Defendants are required to submit copies of all payment requests 

relative to any and all jobs directly to Plaintiffs at the time that the request is submitted, as well as 

a copy of any check received, or any statement as to the amount owed and to be paid so that 

Plaintiffs can verify the exact amount of each progress payment and its percentage thereof. The 

percentage due shall be included in all Joint Check Agreements. The percentage portion of the 

progress payment will be paid directly by General Contractor to Plaintiffs. In the event that a 

General Contractor refuses to make payments directly to Plaintiffs, Defendants shall be 

responsible for payment. 

 (h) At the time that Defendants makes its 23rd monthly payment, Defendants 

may submit a written request for waiver of liquidated damages directed to the Board of Trustees, 

but sent to Saltzman and Johnson Law Corporation with the 23rd payment. Defendants will be 

advised as to whether or not the waiver has been granted prior to the final payment hereunder. To 

the extent that the waiver is not granted or granted only in part, the liquidated damages that 

remain will be paid by Defendant with the final payment, or, Defendant may continue monthly 

payments as set forth herein at Defendant’s request until the balance is paid in full. 

 Failure to comply with any of the above terms shall also constitute a default of the 

obligations under this Agreement and the provisions of ¶ 11 shall apply. 

 5. In the event that any check paid pursuant to any of the terms hereunder is not 

timely submitted, not timely endorsed (in the case of a Joint Check) submitted by Defendants but 

fails to clear the bank, or is otherwise unable to be negotiated for any reason for which Defendants 

are responsible, this shall be considered to be a default on the Judgment entered. If this occurs, 

Plaintiffs shall make a written demand to Defendants to cure said default. Default will only be 

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cured by the issuance of a replacement cashier’s check, delivered to Saltzman and Johnson 

Law Corporation within seven (7) days of the date of the notice from Plaintiffs. If Defendants 

elect to cure said default, and Plaintiffs elect to accept future payments, all such future payments 

shall continue to be made by cashier’s check. In the event default is not cured, all amounts 

remaining due hereunder shall be due and payable on demand by Plaintiffs. 

6. An audit of Defendants records was conducted on February 26, 2010. The audit 

report has not been completed to date. In the event that amounts are found due on audit, all such 

amounts will become part of this Judgment and subject to the terms hereunder. In the event that 

this occurs, Defendants have the right to request that the term of the payment plan be extended 

until all amounts are paid in full.

7. To the extent that Defendant is obligated to contribute to the Trust Funds, 

beginning with contributions due for hours worked by Defendants’ employees during the month of 

February 2010, due on March 15, 2010 and delinquent if not received by the Trust Funds before 

the last business day of March 2010, and for every month thereafter until this Judgment is 

satisfied, Defendants shall remain current in contributions due to Plaintiffs under the current 

Collective Bargaining Agreement and under all subsequent Collective Bargaining Agreements, if 

any, and the Declarations of Trust as amended. Defendants shall fax a copy of its contribution 

report for each month, together with a copy of that payment check, to Michele R. Stafford at 415-

882-9287, prior to sending the payment to the Trust Fund office. To the extent that Defendants 

are working on a Public Works job, or any other job for which Certified Payroll Reports are 

required, copies of said Reports must be faxed to Michele R. Stafford concurrently with their 

submission to the general contractor, owner or other reporting agency. 

Failure to comply with these terms shall also constitute a default of the obligations under 

this Agreement and the provisions of ¶ 11 shall apply. 

 8. As set forth above, to the extent that Defendant is obligated to contribute, failure by 

Defendants to remain current in monthly contributions shall constitute a default of the obligations 

under this agreement and the provisions of ¶ 11 shall apply. Any such unpaid or late paid 

contributions, together with liquidated damages and five percent (5%) per annum interest accrued 

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on contributions due effective April 1, 2009, shall be added to and become a part of this Judgment 

and subject to the terms herein. Plaintiffs reserve all rights available under the applicable 

Bargaining Agreement and Declarations of Trust of the Trust Funds for collection of current and 

future contributions, and for any additional past contributions not included herein as may be 

determined by Plaintiffs, pursuant to employee timecards or paystubs, by audit, or other means, 

and the provisions of this agreement are in addition thereto. Defendants specifically waive the 

defense of the doctrine res judicata as to any such additional amounts determined as due.

9. Defendants shall make full disclosure of all jobs on which it is working by 

providing Plaintiffs with an ongoing and updated list of jobs including, but not limited to, name 

and address of the job, the start and completion dates (time period worked or to be worked), the 

identity of General Contractor/Owner/Developer, and certified payroll if a public works job. To 

the extent that Defendants are working on a Public Works job, or any other job for which Certified 

Payroll Reports are required, copies of said Reports must be faxed to Michele R. Stafford

concurrently with their submission to the General Contractor, Owner or other reporting agency. 

These requirements are concurrent with, and in addition to the requirements set forth above 

with regard to progress payments. Defendants shall fax said updated list each month (or sooner 

if required elsewhere herein) together with the contribution report (as required by 

paragraph 6 of this Stipulation) to Michele R. Stafford at 415-882-9287. Failure to provide 

this information within seven (7) days of Plaintiffs’ request shall constitute a default under the 

terms of this agreement.

 10. Defendant William Michael Henry (“Guarantor”) acknowledges that he is the 

RMO/CEO/President of Defendant Henry’s Painting, Inc. and that he is personally guaranteeing 

all amounts to be paid in connection with Stipulation, and acknowledges that all successors in 

interest to Henry’s Painting, Inc., as well as any assigns, and/or affiliated entities and purchasers, 

shall be contractually bound by the terms of this Stipulation. This shall include any additional 

entities in which William Michael Henry is an officer, owner or possesses any ownership interest. 

All such entities shall specifically consent to the terms herein and to the Court’s jurisdiction, in 

writing at the time of any assignment, affiliation or purchase.

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11. In the event that Defendants or Guarantor fail to make any payment required under 

¶ 4 above, or fail to remain current in any contributions under ¶ 7 above, then: 

 (a) The entire amount of $82,251.30, plus interest, reduced by principal 

payments received by Plaintiffs, but increased by any unpaid contributions then due, plus 

liquidated damages and 7% per annum interest on amounts due under the Amended Stipulation, 

and 5% per annum on contributions due effective April 1, 2009, until paid, shall be immediately 

due, together with any additional attorneys’ fees and costs as referenced herein. 

(b) A Writ of Execution may be obtained against Defendant/Guarantor without 

further notice, in the amount of the unpaid balance, plus any additional amounts under the terms 

herein, upon declaration by a duly authorized representative of the Plaintiffs setting forth any 

payment theretofore made by or on behalf of Defendants/Guarantor and the balance due and 

owing as of the date of default. 

 (c) Defendants/Guarantor waive any notice of Plaintiffs’ Request for Entry of 

Judgment or hearing herein, and of Plaintiffs’ Request for a Writ of Execution, and expressly 

waive all rights to stay of execution and appeal. The declaration or affidavit of a duly authorized 

representative of Plaintiffs as to the balance due and owing as of the date of default shall be 

sufficient to secure the issuance of a Writ of Execution, without notice to Defendant/Guarantor. 

 (d) Defendants/Guarantor shall pay all additional attorneys’ fees and costs 

incurred by Plaintiffs in connection with collection and allocation of the amounts owed by 

Defendants/Guarantor to Plaintiffs under this Stipulation, regardless of whether a default occurs 

herein. 

 12. Any failure on the part of the Plaintiffs to take any action against 

Defendants/Guarantor as provided herein in the event of any breach of the provisions of this 

Stipulation shall not be deemed a waiver of any subsequent breach by the Defendants/Guarantor of 

any provisions herein. 

 13. In the event of the filing of a bankruptcy petition by the Defendants/Guarantor, the 

parties agree that any payments made pursuant to the terms of this Judgment, shall be deemed to 

have been made in the ordinary course of business as provided under 11 U.S.C. Section 547(c)(2) 

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and shall not be claimed by Defendants/Guarantor as a preference under 11 U.S.C. Section 547 or 

otherwise. Defendants/Guarantor nevertheless represents that no bankruptcy filing is anticipated.

14. Should any provision of this Stipulation be declared or determined by any court of 

competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and 

enforceability of the remaining parts, terms or provisions shall not be affected thereby and said 

illegal, unenforceable or invalid part, term, or provision shall be deemed not to be part of this 

Stipulation. 

 15. This Stipulation is limited to the agreement between the parties with respect to the 

delinquent contributions and related sums enumerated herein, owed by Defendant and guaranteed 

by Guarantor, to the Plaintiffs. This Stipulation does not in any manner relate to withdrawal 

liability claims, if any. Defendants/Guarantor acknowledge that the Plaintiffs expressly reserve 

their right to pursue withdrawal liability claims, if any, against Defendants/Guarantor as provided 

by the Plaintiffs’ Plan Documents, Trust Agreements incorporated into their Collective Bargaining 

Agreement, and the law.

16. This Stipulation contains all of the terms agreed by the parties and no other 

agreements have been made. Any changes to this Stipulation shall be effective only if made in 

writing and signed by all parties hereto. 

17. This Stipulation may be executed in any number of counterparts and by facsimile, 

each of which shall be deemed an original and all of which shall constitute the same instrument. 

18. Defendants and Guarantor each represent and warrant that they have had the 

opportunity to be or have been represented by counsel of their own choosing in connection with 

entering this Stipulation under the terms and conditions set forth herein, that they have read this 

Agreement with care and are fully aware of and represent that they enter into this Stipulation 

voluntarily and without duress. 

/// 

/// 

/// 

/// 

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19. The parties agree that the Court shall retain jurisdiction of this matter until this 

Judgment is satisfied. 

 HENRY’S PAINTING, INC. 

Dated: March 29, 2010 By: /S/ William Michael Henry 

 William Michael Henry 

RMO/CEO/President 

 

 WILLIAM MICHAEL HENRY 

Dated: March 29, 2010 /S/ William Michael Henry 

 William Michael Henry 

Individually, and as Guarantor 

 

 SALTZMAN & JOHNSON 

LAW CORPORATION

Dated: March 30, 2010 By: /S/Michele R. Stafford 

 Michele R. Stafford 

Attorneys for Plaintiffs 

 

 

 

IT IS SO ORDERED 

Dated: _________________, 2010 _______________________________________ 

 THE HONORABLE MARILYN H. PATEL 

UNITED STATES DISTRICT COURT JUDGE 

3/31

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

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