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JUDGMENT PURSUANT TO STIPULATION 

Case No.: C09-0245 BZ 

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Muriel B. Kaplan, Esq. (SBN 124607) 

Michele R. Stafford, Esq. (SBN 172509) 

SALTZMAN & JOHNSON LAW CORPORATION 

44 Montgomery Street, Suite 2110 

San Francisco, CA 94104 

(415) 882-7900 

(415) 882-9287 – Facsimile 

mkaplan@sjlawcorp.com

mstafford@sjlawcorp.com

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

BAY AREA PAINTERS AND TAPERS 

PENSION TRUST FUND, et al., 

 Plaintiffs, 

 v. 

NUNN BETTER PAINTING, INC., a California 

Corporation, 

 

 Defendant. 

Case No.: C09-0245 BZ 

JUDGMENT PURSUANT TO 

STIPULATION 

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

entered in the within action in favor of the Plaintiffs BAY AREA PAINTERS AND TAPERS 

PENSION TRUST FUND, et al. (collectively “Plaintiffs” or “Trust Funds”) and against 

Defendant NUNN BETTER PAINTING, a California corporation, or successor entities; 

(“Defendant”), as follows: 

1. Defendant entered into a valid Collective Bargaining Agreement with the 

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

"Bargaining Agreement"), which Agreement has since terminated. 

 2. Defendant became indebted to the Trust Funds for amounts found due on an audit 

of its payroll records for the period November 1, 2006 through December 31, 2008, as follows: 

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JUDGMENT PURSUANT TO STIPULATION 

Case No.: C09-0245 BZ 

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11/1/06 – 12/31/08 Audit Contribution Underpayments $10,479.96 

Liquidated Damages $750.00 

5% Interest $788.82 

Improper Payments ($2,864.84) 

10% Administrative Fee $286.48 

TOTAL DUE $9,440.42 

 3. Defendant shall conditionally pay the amount of $8,690.42, representing all above 

amounts, less liquidated damages in the amount of $750.00 conditioned upon Trustees approval 

and timely compliance with all of the terms of this Stipulation, as follows: 

 (a) On or before January 29, 2010, and no later than the last business day of 

each month thereafter for a period of twelve (12) months, through and including December 31, 

2010, Defendant shall pay to Plaintiffs the amount of $700.00; 

 (b) Prior to Defendant’s December 31, 2010 payment, Plaintiffs shall advise 

Defendant of the remaining balance due to Plaintiffs under the terms herein, and the balance shall 

be paid on December 31, 2010; 

 (c) These payments may be made by joint check to Defendant and Plaintiffs’ 

Trust Funds, and if so, shall be endorsed prior to submission; 

 (d) Defendant shall have the right to increase the monthly payments at any 

time, without penalty; 

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

principal. The unpaid principal balance shall bear interest at the rate of 5% per annum in 

accordance with Plaintiffs’ Trust Agreements; 

 (f) Payments shall be made payable to the “Bay Area Painters and Tapers 

Trust Funds” and delivered to Muriel B. Kaplan at Saltzman & Johnson Law Corporation, 44 

Montgomery Street, Suite 2110, San Francisco, California 94104, to be received on or before 

the last business day of each month, or to such other address as may be specified by Plaintiffs. 

 4. Ronald Nunn (hereinafter “Guarantor”) acknowledges that he is the President of 

Nunn Better Painting, Inc., and that he specifically consents to the Court’s jurisdiction, as well as 

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JUDGMENT PURSUANT TO STIPULATION 

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the use of a Magistrate Judge for all proceedings herein. Mr. Nunn confirms that he is personally 

guaranteeing the amounts due pursuant to the terms of this Stipulation and further acknowledges 

that all affiliates, related entities and successors in interest to Nunn Better Painting, Inc. shall also 

be bound by the terms of this Stipulation as Guarantors, and also consent to this Court’s 

jurisdiction as well as the use of a Magistrate Judge. 

 5. Prior to the last payment pursuant to this Stipulation, Plaintiffs shall advise 

Defendant, in writing, of the amount of the final lump sum payment and any additional amounts 

claimed pursuant to the Stipulation, which shall include, but not be limited to, any additional 

interest and attorneys fees and costs incurred in this matter. Said amount shall be paid with the 

last payment, on or before December 31, 2010. Plaintiffs shall also advise whether the conditional 

waiver of liquidated damages have been granted in whole or in part. If liquidated damages remain 

due, these amounts will be included in the final payment. 

 6. Defendant 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 job, and identity of general contractor. Defendant shall fax said updated list by the last 

business day of each month to Muriel B. Kaplan at 415-882-9287.

7. In the event that Defendant fails to make any payment referenced herein in a timely 

manner as required, or if payment is made and fails to clear the bank, or is unable to be negotiated 

for any reason, or if Defendant fails to submit its monthly job list, Defendant shall be considered 

to be in default of this Stipulation. 

8. In the event of a default, Plaintiffs will provide Defendant/Guarantor with written 

notice of the default, allowing seven (7) days from the date of the notice in which to cure the 

default. All future payments shall be made by cashier’s check if the default was caused by a failed 

check. In the event that a default is not timely cured, the following will occur: 

 (a) The entire balance of $9,440.42 as specified in paragraph 2, plus interest as 

specified above, but reduced by principal payments received from Defendant/Guarantor shall be 

due and payable, together with any attorneys’ fees and costs incurred in this matter; 

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 (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 Defendant/Guarantor and the balance due and owing 

as of the date of default; 

 (c) Defendant/Guarantor expressly waives 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 entry of Judgment 

without a noticed motion, and the issuance of a Writ of Execution thereon; 

 (d) Defendant/Guarantor shall pay all costs and attorneys’ fees incurred by 

Plaintiffs in connection with collection and allocation of the amounts owed to Plaintiffs under this 

Stipulation. 

9. In the event of the filing of a bankruptcy petition by the Defendant/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) 

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

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

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

Defendant/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 Defendant/Guarantor of 

any provisions herein. 

11. 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. 

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

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delinquent contributions and related sums enumerated herein, owed by Defendant to the Plaintiffs. 

This Stipulation does not in any manner relate to withdrawal liability claims, if any. Defendant 

acknowledges that the Plaintiffs expressly reserve their right to pursue withdrawal liability claims, 

if any, against Defendant and its control group, if any, as provided by the Plaintiffs’ Plan 

Documents, Trust Agreements incorporated into their Collective Bargaining Agreement, and the 

law. 

13. All parties 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, and that they enter into this Stipulation voluntarily. 

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JUDGMENT PURSUANT TO STIPULATION 

Case No.: C09-0245 BZ 

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 14. 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 together one and the 

same instrument. 

Dated: January 25, 2010 NUNN BETTER PAINTING, INC. 

By: /s/ 

Ronald Nunn 

President 

Dated: January 25, 2010 RONALD NUNN 

/s/ 

Individually, as Guarantor 

Dated: January 25, 2010 SALTZMAN AND JOHNSON LAW 

CORPORATION

/s/ 

Muriel B. Kaplan 

Attorneys for Plaintiffs 

 

IT IS SO ORDERED. 

Dated: _________________, 2010 ________________________________________ 

UNITED STATES MAGISTRATE JUDGE 

January 26, 2010

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