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JUDGMENT PURSUANT TO STIPULATION

Case No. 3:17-cv-00370-YGR

P:\CLIENTS\PATCL\Molina's Painting 2\Pleadings\Word Versions + Fillable .PDFs\Amended Judgment\Molina's Painting - Judgment Pursuant to Stipulation 12092020.docx

Michele R. Stafford, Esq. (SBN 172509)

Matthew P. Minser, Esq. (SBN 296344)

Ana P. Hallmon (SBN 253309)

SALTZMAN & JOHNSON LAW CORPORATION

1141 Harbor Parkway, Suite 100

Alameda, CA 94502

Telephone: (510) 906-4710

Email: mstafford@sjlawcorp.com

Email: mminser@sjlawcorp.com

Email: ahallmon@sjlawcorp.com

Attorneys for Plaintiffs, District Council 16 Northern

California Health and Welfare Trust Fund, et al.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DISTRICT COUNCIL 16 NORTHERN 

CALIFORNIA HEALTH AND WELFARE TRUST 

FUND, et al.,

Plaintiffs,

v.

MOLINA’S PAINTING & WALLCOVERING, INC., 

a California corporation; and OSCAR MOLINA, an 

individual, 

Defendants.

Case No.: 4:17-CV-00370-YGR

AMENDED JUDGMENT 

PURSUANT TO STIPULATION; 

[PROPOSED] ORDER THEREON

IT IS HEREBY STIPULATED and AGREED (the “Stipulation”) by and between the parties 

hereto, an Amended Judgment shall be entered in the within action in favor of Plaintiffs District Council 

16 Northern California Health and Welfare Trust Fund, et al. (“Plaintiffs” or “Trust Funds”) and against 

Defendant, Molina’s Painting & Wallcovering, Inc., a California corporation, and Defendant Oscar 

Molina, an individual (collectively “Defendants”), as follows:

1. Plaintiffs and Defendants entered into a Judgment Pursuant to Stipulation which was

entered by this Court on February 17, 2017. [Dkt. #12]. The Judgment Pursuant to Stipulation (“Original 

Judgment”) provided a payment plan for amounts owed to the Plaintiffs from Defendants. 

ORDER ENTERING

Case 4:17-cv-00370-YGR Document 16 Filed 12/22/20 Page 1 of 10
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JUDGMENT PURSUANT TO STIPULATION

Case No. 3:17-cv-00370-YGR

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2. Defendants made payments as required under the Original Judgment, but additional

amounts have come due. The Parties have now agreed to enter into an Amended Stipulated Judgment for 

the amounts remaining due in this action. 

3. Defendant Molina’s Painting & Wallcovering, Inc. (“Molina’s Painting”) is signatory to

and bound by the terms of a Collective Bargaining Agreement(s) (“Bargaining Agreement”) with 

District Council No. 16 of the International Union of Painters and Allied Trades (“Union”). The 

Bargaining Agreement is still in full force and effect.

4. Oscar Molina confirms that he is the RMO / CEO / President of Defendant Molina’s

Painting and is authorized to enter into this Stipulation on behalf of Molina’s Painting.

5. Oscar Molina (“Guarantor”) also confirms that he is personally guaranteeing the amounts

due herein. Defendants Molina’s Painting and Oscar Molina (collectively “Defendants”) specifically 

consent to the Court’s jurisdiction, as well as to the use of a Magistrate Judge for all proceedings, 

including entry of judgment herein. Defendants further confirm that all successors in interest, assignees, 

and affiliated entities (including, but not limited to, parent or other controlling companies), and any 

companies with which Defendant Molina’s Painting joins or merges, if any, shall also be bound by the 

terms of this Stipulation as Guarantors. This shall include any additional entities in which Guarantor is 

an officer, owner or possesses any controlling ownership interest. All such entities shall specifically 

consent to the Court’s jurisdiction, the use of a Magistrate Judge for all proceedings, and all other terms 

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

6. Defendants are currently indebted to the Trust Funds as follows:

Work Month Unpaid 

Contributions

20% 

Liquidated 

Damages 

5% 

Interest

Subtotals

August 2019 $0.00 $28,489.41 $0.00 $28,489.41

September 2019 $0.00 $50,081.85 $0.00 $50,081.85

Subtotals: $0.00 $78,571.26 $0.00 $78,571.26

Audit 

(5/1/16-9/30/19)

Contribution Underpayments: $19,838.91

20% Liquidated Damages: $3,967.78

5% Interest (through 4/30/19): $2,327.40

Additional 5% Interest Owed 

(5/1/19-11/30/20):

$1,577.60

Subtotal (Audit 5/1/16-9/30/19): $27,711.69

Attorneys’ Fees (2/4/17-11/30/20): $11,763.00

Case 4:17-cv-00370-YGR Document 16 Filed 12/22/20 Page 2 of 10
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JUDGMENT PURSUANT TO STIPULATION

Case No. 3:17-cv-00370-YGR

P:\CLIENTS\PATCL\Molina's Painting 2\Pleadings\Word Versions + Fillable .PDFs\Amended Judgment\Molina's Painting - Judgment Pursuant to Stipulation 12092020.docx

Work Month Unpaid 

Contributions

20% 

Liquidated 

Damages 

5% 

Interest

Subtotals

Costs (2/4/17-11/30/20): $20.00

Grand Total: $118,065.95

REQUIREMENTS UNDER THE TERMS OF THIS STIPULATION

5. Notice requirements pursuant to the terms of this Stipulation are as follows:

a) Notices to Defendants: Oscar Molina, 510 Westaire Blvd., Martinez, CA 94553;

email: molinasptg@sbcglobal.net

b) Notices to Plaintiffs: Ana Hallmon, Saltzman & Johnson Law Corporation, 1141

Harbor Bay Parkway, Suite 100, Alameda, CA 94502; email:

ahallmon@sjlawcorp.com , copy to compliance@sjlawcorp.com.

6. The requirements pursuant to the terms of this Stipulation are as follows:

a) Monthly Payments: Defendants shall pay the amount of $114,098.17

representing all of the above amounts, less liquidated damages totaling $3,967.78, which is conditionally 

waived provided that Defendants timely make all monthly payments pursuant to the terms of this 

Amended Judgment.

i) Payments in the amount of $5,005.65 per month shall begin on December

15, 2020, and continue on or before the 15th (fifteenth) day of each month thereafter for a period of 

twenty-four (24) months. Plaintiffs may require that Defendants pay electronically by ACH/wire 

transfer, or by cashier’s check.

ii) Defendants shall have the right to increase the monthly payments at any

time and there is no penalty for prepayment.

iii) Payments shall be applied first to interest, at the rate of 5% per annum in

accordance with the Bargaining Agreement(s) and Trust Agreements. Interest shall begin to accrue on 

December 1, 2020.

b) Contributions: Beginning with contributions due for hours worked by

Defendants’ employees during the month of November 2020, and for every month thereafter until this 

Judgment is satisfied, Defendants shall remain current in reporting and payment of contributions due to 

Plaintiffs under the terms of the Collective Bargaining Agreement(s). Defendants are required to enroll 

Case 4:17-cv-00370-YGR Document 16 Filed 12/22/20 Page 3 of 10
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JUDGMENT PURSUANT TO STIPULATION

Case No. 3:17-cv-00370-YGR

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in iRemit, the online platform for reporting and payment of contributions to the Plaintiff Trust Funds 

and to submit all monthly contribution reports and payments electronically through iRemit. Defendants 

are to contact DC16iremit@hsba.com to set up online reporting and payment. 

c) Job Report: Beginning with the month of November 2020, and for every month

thereafter, Defendants shall fully disclose all jobs on which they are working by providing Plaintiffs 

with fully completed job reports on the form attached hereto as Exhibit A. Upon request by Plaintiffs, 

Defendants shall also provide Plaintiffs with copies of Certified Payroll Reports.

d) Audit: Should the Trust Funds request an audit of Defendants’ payroll records

pursuant to the requirements of the Bargaining Agreement(s) and/or Trust Agreements, Defendants must 

contact the auditor within seven days of receiving notice, and must schedule the audit.

i) In the event that amounts are found due to Plaintiffs as a result of the

audit, Plaintiffs shall send a copy of the audit report and written demand for payment to Defendants. In 

the event that the audit findings are not contested, payment in full shall be delivered to Ana Hallmon at 

the address provided above.

ii) In the event that Defendants dispute the audit findings, Defendants must

provide the dispute in writing, with all supporting documentation, within ten days of the date of the 

demand. Defendants shall be notified as to whether revisions will be made to the audit. If revisions are

not made, payment will be immediately due. If revisions are made, payment in full of the revised 

amount shall be immediately due.

iii) If Defendants are unable to make payment in full, Defendants may submit

a request to add the amounts found due to this Stipulation. If the Stipulation is so revised, Defendants 

shall execute the Amended Judgment within ten days of receipt. Failure to execute the revised 

agreement shall constitute a default of the terms herein.

iv) Failure by Defendants to submit either payment in full or a request to add

the amounts due to this Judgment within ten days of receipt shall constitute a default of the obligations 

under this agreement. All amounts found due on audit shall immediately become part of this Judgment.

e) Fees: Defendants shall pay all additional attorneys’ fees and costs incurred

through Satisfaction of Judgment, whether or not a default occurs. 

Case 4:17-cv-00370-YGR Document 16 Filed 12/22/20 Page 4 of 10
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JUDGMENT PURSUANT TO STIPULATION

Case No. 3:17-cv-00370-YGR

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7. In summary, Defendants shall deliver the following payments and documents to

Plaintiffs, at the following locations, on or before the following delivery deadlines, until this Stipulation 

has been fully satisfied:

Required Submissions Delivery deadlines Delivery locations

Stipulated payments in the 

amount of $5,005.65 payable to 

District Council 16 Northern 

California Trust Funds

15th day of each month

(12/15/20-11/15/22)

Ana Hallmon

Saltzman & Johnson Law Corp.

1141 Harbor Bay Parkway, #100

Alameda, CA 94502

Current contribution reports 

and payments

payable to District Council 16 

Northern California Trust Funds

15th day of each month

(beginning 12/15/20, 

for 11/20 hours)

Electronically via iRemit

Plus copies to: 

compliance@sjlawcorp.com 

(subject: “Molina’s Painting”)

Completed job reports (form 

attached as Exhibit A to 

Stipulation)

and Certified Payroll (if 

requested)

15th day of each month

(beginning 12/15/20, 

for 11/20 hours)

compliance@sjlawcorp.com 

(subject: “Molina’s Painting”) 

or

Ana Hallmon

Saltzman & Johnson Law Corp.

1141 Harbor Bay Parkway, #100

Alameda, CA 94502

8. Failure to comply with any of the above terms, including submitting a payment that does

not clear the bank, or failing to endorse a joint check provided for the payment of amounts due under the 

terms of this Stipulation including current contributions, shall constitute a default of the obligations 

under this Stipulation.

DEFAULTS UNDER THE TERMS OF THIS STIPULATION

9. If default occurs, Plaintiffs shall make a written demand to Defendants to cure said

default within seven (7) days of the date of the notice from Plaintiffs. In the event default is not cured 

within the required time frame, all amounts remaining due hereunder (after application of principal 

payments made, if any) shall be due and payable on demand by Plaintiffs. These amounts shall include 

any conditionally waived liquidated damages, and additional attorney’s fees and costs incurred herein.

10. Any unpaid or late-paid contributions, together with 20% liquidated damages and 5% per

annum interest, shall become part of this Judgment. Plaintiffs reserve all rights available to collect any 

contributions and related amounts not included herein. This includes, but is not limited to, any amounts 

due pursuant to employee timecards or paystubs, by audit, or other means. Should Defendants fail to 

Case 4:17-cv-00370-YGR Document 16 Filed 12/22/20 Page 5 of 10
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JUDGMENT PURSUANT TO STIPULATION

Case No. 3:17-cv-00370-YGR

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submit a report for any month, contributions shall be estimated pursuant to Trust Fund policy. 

Defendants specifically waive the defense of the doctrine res judicata as to any such additional amounts 

determined as due. 

11. A Writ of Execution may be obtained without further notice, in the amount of the unpaid

balance plus any additional amounts due under the terms herein. Such Writ of Execution may be 

obtained solely upon declaration by a duly authorized representative of Plaintiffs setting forth the 

balance due as of the date of default.

MISCELLANEOUS PROVISIONS

12. The above requirements remain in full force and effect regardless of whether or not

Defendant Molina’s Painting & Wallcovering, Inc. has ongoing work, whether Defendant Molina’s

Painting’s account with the Trust Funds is active, or whether Defendant Molina’s Painting & 

Wallcovering, Inc. is signatory to a Collective Bargaining Agreement with the Union. If, for any reason, 

Defendant Molina’s Painting & Wallcovering, Inc. has no work to report during a given month, 

Defendant Molina’s Painting & Wallcovering, Inc. shall submit the job report form (Exhibit A attached 

hereto) indicating that there are no current jobs. If Defendant Molina’s Painting & Wallcovering, Inc.

has no contributions to report, Defendant Molina’s Painting & Wallcovering, Inc. shall submit the 

applicable contribution report stating “no employees.” 

13. Payments made by joint check shall be endorsed on behalf of Defendants prior to

submission, and may be applied toward Defendants’ monthly stipulated payment, provided that the 

issuer of the joint check is not requesting a release in exchange for the payment. Joint checks for which a 

release is requested may not be applied toward Defendants’ monthly stipulated payment, but shall be 

deducted from the total balance owed under this Stipulation, provided the payment is for contributions 

included in this Stipulation. 

14. Prior to the last payment pursuant to this Stipulation, Plaintiffs shall advise Defendants as

to the final amount due, including additional interest, any current contributions and related amounts, and 

all additional attorneys’ fees and costs incurred by Plaintiffs, whether or not Defendants default herein. 

Any additional amounts due shall be paid in full with the final stipulated payment due on November 15, 

2022.

Case 4:17-cv-00370-YGR Document 16 Filed 12/22/20 Page 6 of 10
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JUDGMENT PURSUANT TO STIPULATION

Case No. 3:17-cv-00370-YGR

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15. Defendants waive any notice of Entry of Judgment or of any Request for a Writ of

Execution, and expressly waive all rights to stay of execution and appeal. 

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

17. 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 Defendants as a preference under 11 U.S.C. Section 547 or 

otherwise.

18. Should any provisions 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 provisions shall be deemed not to be part of this Stipulation. 

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

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

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

acknowledge that Plaintiffs expressly reserve their right to pursue withdrawal liability claims, if any, 

against Defendants and control group members, as provided by Plaintiffs’ Plan documents, Trust 

Agreements incorporated into their Bargaining Agreements, and applicable laws and regulations. 

20. This Stipulation contains all of the terms agreed to 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. 

21. 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. 

22. Defendants 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 Stipulation with care and are fully aware 

of and represent that they enter into this Stipulation voluntarily and without duress.

//

Case 4:17-cv-00370-YGR Document 16 Filed 12/22/20 Page 7 of 10
Case 4:17-cv-00370-YGR Document 16 Filed 12/22/20 Page 8 of 10
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YVONNE GONZALEZ ROGERS
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JUDGMENT PURSUANT TO STIPULATION

Case No. 3:17-cv-00370-YGR

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Exhibit A: JOB REPORT FORM

Completed Forms Due by the last business day of each month

by email to compliance@sjlawcorp.com (subject line: Molina’s Painting), or

delivered to Saltzman & Johnson, 1141 Harbor Bay Parkway, Ste. 100, Alameda, CA 94502

Employer: Molina’s Painting & Wallcovering, Inc.

Report for the month of _______________, 20__ Submitted by: ______________________

Project Name: Public or Private?

(Circle one)

Project Address:

General Contractor:

General Contractor 

Address:

General Contractor 

Phone #:

Project Manager 

Name:

Project Manager 

Phone #:

Project Manager 

email address:

Contract #: Contract Date: 

Total Contract Value:

Work Start Date: Work Completion 

Date:

Project Bond #: Surety:

Project Name: Public or Private?

(Circle one)

Project Address:

General Contractor:

General Contractor 

Address:

General Contractor 

Phone #:

Project Manager 

Name:

Project Manager 

Phone #:

Project Manager 

email address:

Contract #: Contract Date: 

Total Contract Value:

Work Start Date: Work Completion 

Date:

Project Bond #: Surety:

***Attach additional sheets as necessary**

Case 4:17-cv-00370-YGR Document 16 Filed 12/22/20 Page 10 of 10