Operating Engineers Pension Trust v. C and K Engineering
This is an action for intentional, negligent, and reckless misrepresentation and concealment of material facts, breach of a security agreement, and conversion. Plaintiffs and appellants are labor-management multi-employer trusts created pursuant to declarations of trust between the International Union of Operating Engineers, Local Union No. 12, and employer associations in the construction industry in Southern California and Southern Nevada (the Trusts).[1] Defendants and respondents are various contractors and related individuals who are alleged to be subject to the trust agreements (Defendants).[2] The Trusts appeal from a judgment of dismissal and award of sanctions, following a judgment on the pleadings in favor of Defendants. The Trusts contend judgment on the pleadings was improperly granted on res judicata grounds. The Trusts also argue their action was not barred by the statute of limitations, or other grounds asserted on appeal by Defendants. The Trusts further contend the trial court abused its discretion in denying leave to amend and imposing sanctions for filing a frivolous action. Court hold that judgment on the pleadings was improperly granted and reverse the judgment.
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