Sheet Metal Workers Pension Trust of Northern California et al v. Cold Craft, Inc. et al

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SECOND 	AMENDED 	JUDGMENT PURSUANT TO STIPULATION
Case No. 	4:23-cv-06682-HSG
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Tino X. Do, Esq. (SBN 172509)
SALTZMAN & JOHNSON LAW CORPORATION
5100 B-1 Clayton Road, Suite 373
Concord, CA 94521
Telephone: (510) 906-4710
Email: tdo@sjlawcorp.com
Attorneys for Plaintiffs, Sheet Metal Workers
Pension Trust of Northern California, et al.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
IT IS HEREBY STIPULATED and AGREED (the “Stipulation”) by and between the parties
hereto that a Second Amended Judgment1 	shall be entered in the within action in favor of Plaintiffs
Sheet Metal Workers Pension Trust of Northern California, Rick Werner and Sean O’Donoghue
(“Plaintiffs” or “Trust Funds”) and against Defendant Cold Craft, Inc., a California Corporation (“Cold
Craft/Defendant”) and Daryl Demanawa, an Individual, (collectively “Defendants”).
The Parties have agreed to further amend the Judgment Pursuant to Stipulation to address
Defendants’ default under the Amended Judgment Pursuant to Stipulation and address additional
delinquent contributions, liquidated damages, interest and attorneys’ fees incurred. 	This document
1 Amending the Amended Judgment Pursuant to Stipulation entered into by the Parties on December
19, 2024 (Dkt. #27).
SHEET METAL WORKERS PENSION TRUST
OF NORTHERN CALIFORNIA, and
RICK WERNER and SEAN O’DONOGHUE,
Trustees,
Plaintiffs,
v.
COLD CRAFT, INC., a California Corporation;
DARYL DEMANAWA, an Individual,
Defendants.
Case No. 23-cv-06682-HSG
SECOND AMENDED JUDGMENT
PURSUANT TO STIPULATION
Case 4:23-cv-06682-HSG Document 37 Filed 01/20/26 Page 1 of 11

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SECOND 	AMENDED 	JUDGMENT PURSUANT TO STIPULATION
Case No. 	4:23-cv-06682-HSG
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shall, upon execution by all parties, supersede the prior Stipulation, and become the operative document
between the Parties as follows:
1. 	Defendant Cold Craft is signatory to and bound by the terms of Collective Bargaining
Agreement (“Bargaining Agreement”) with the Sheet Metal Workers International Association Local
Union No. 104 (the “Union”). The Bargaining Agreement is still in full force and effect.
2. 	Daryl Demanawa confirms that he is the President of Defendant Cold Craft, Inc. and is
authorized to enter into this Stipulation on behalf of Defendant Cold Craft.
3. 	Daryl Demanawa also confirms that he is personally guaranteeing the amounts due herein
and confirms that he shall be added as a Defendant to the above-captioned action. Defendant/Guarantor
Daryl Demanawa and Defendant Cold Craft, 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 Cold Craft 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, and if they do not, shall nevertheless be bound to the terms of this Stipulation. Defendants
and Guarantor confirm and agree that any applicable successors in interest, assignees, and affiliated
entities may be added to this Stipulation by Plaintiffs through a noticed motion before this Court or any
other court of competent jurisdiction.
4. 	A Judgment Pursuant to Stipulation was entered into by the Parties on April 3, 2024. An
Amended Judgment Pursuant to Stipulation was entered into by the Parties on December 19, 2024, but
Defendants defaulted and then failed to cure their default under that Stipulation. Accordingly, Plaintiffs
obtained a Writ of Execution.
//
//
//
Case 4:23-cv-06682-HSG Document 37 Filed 01/20/26 Page 2 of 11

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SECOND 	AMENDED 	JUDGMENT PURSUANT TO STIPULATION
Case No. 	4:23-cv-06682-HSG
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5. 	Defendants are currently indebted to the Trust Funds as follows:
REQUIREMENTS UNDER THE TERMS OF THIS STIPULATION
6. 	The Parties hereby expressly stipulate that Judgment shall be entered against Defendants
and in Plaintiffs’ favor in the total amount of 	$317,191.87 	pursuant to the terms set forth below
7. 	Notice requirements 	pursuant to the terms of this Second Amended Stipulation are as
follows:
a) 	Notices to Defendants: Daryl Demanawa, Cold Craft, Inc., 181 Lost Lake Lane,
Campbell, CA 95008; Email: daryld@coldcraft.com
b) 	Notices to Plaintiffs: Tino X. Do, Saltzman & Johnson Law Corp., 5100-B1
Clayton Road, Ste 373, Concord, CA 94521; Email: tdo@sjlawcorp.com, copy
to collections@sjlawcorp.com
8. 	The requirements pursuant to the terms of this Stipulation are as follows:
a) 	Monthly 	Payments: 	Defendants 	shall 	conditionally 	pay 	the 	amount 	of
$167,347.42, representing all of the above amounts, less 	conditionally waived 	liquidated damages in
the amount of $149,844.45.
i) 	Payments in the amount of 	$14,713.00 per month 	shall begin on January
Work
Month
Contribution
Balance
20% Liquidated
Damages
10% Interest
through
1/13/26
Subtotal
Due
August 2024 	$7,181.93 	$9,683.10 	$938.57 	$17,803.60
September 2024 	$48,398.71 	$9,679.74 	$5,927.18 	$64,005.64
October 2025 	$26,733.10 	$5,346.62 	$383.53 	$32,453.25
November 2025 	$20,979.38 	$4,195.88 	$120.70 	$25,295.96
December 2025 	$22,635.80 	$4,527.16 	$0.00 	$27,162.96
Subtotals 	$125,928.92 	$33,432.50 	$7,359.99 	$166,721.41
Subtotal (Contributions, Liquidated Damages and Interest): 	$166,721.41
Liquidated damages accrued from late-paid contributions (6/23-8/23, 11/23-
7/24, 11/24-2/25, 5/25-7/25, 9/25)
$116,411.95
10% interest accrued from late-paid contributions (6/23-8/23, 11/23-7/24,
11/24-2/25, 5/25-7/25, 9/25)
$17,353.83
Subtotal (Late-Paid Liquidated Damages and Interest): 	$133,765.78
Attorneys’ Fees (8/1/23-12/31/25): 	$16,138.58
Costs (8/1/23-12/31/25): 	$566.10
Subtotal (Attorneys’ Fees and Costs): 	$16,704.68
SECOND AMENDED STIPULATION TOTAL: 	$317,191.87
Case 4:23-cv-06682-HSG Document 37 Filed 01/20/26 Page 3 of 11

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SECOND 	AMENDED 	JUDGMENT PURSUANT TO STIPULATION
Case No. 	4:23-cv-06682-HSG
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22, 2026, and continue on or before the 22nd of each month thereafter 	for a period of twelve (12)
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 10% per annum in
accordance with the Bargaining Agreements and Trust Agreements. Interest shall begin to accrue on
January 14, 2026.
b) 	Contributions: 	Beginning with contributions due for hours worked by Defendant
Cold Craft’s employees during the month of January 2026, 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).
c) 	Job Report: 	Beginning with the month of January 2026, and for every month
thereafter, Defendants shall fully disclose all jobs on which Defendant Cold Craft is 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 Defendant Cold Craft’s 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
as requested. Defendants must fully comply with the audit by keeping the scheduled appointment for
the audit and making all documentation requested by the auditor available for inspection.
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 Tino X. Do at the
address provided above within ten days of the date of the demand letter.
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
Case 4:23-cv-06682-HSG Document 37 Filed 01/20/26 Page 4 of 11

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SECOND 	AMENDED 	JUDGMENT PURSUANT TO STIPULATION
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not made, payment in full of the amount requested in the above-described demand letter, plus additional
interest, will be immediately due. If revisions are made, payment in full of the revised amount shall be
immediately due. Plaintiffs shall send a revised written demand for payment to Defendants. Payment in
full shall be delivered to Tino X. Do at the address provided above within ten days of the date of the
demand letter.
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 revised, Defendants shall
execute the Amended Judgment or Amendment to 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 fully comply with the audit, and/or 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.
9. 	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 deadlines2 	Delivery locations
Stipulated payments in the
amount of $14,713.00 	payable
to 	Sheet Metal Workers of
Northern California Trust Funds
22nd 	day of each
month
(1/22/26-12/22/26)
Tino X. Do
Saltzman & Johnson Law Corp.
5100-B1 Clayton Road, Ste 373,
Concord, CA 94521
Current contribution reports
and payments
payable to 	Sheet Metal Workers
of Northern California Trust
Funds
22nd 	day of each
month
(Beginning 2/22/26,
for 1/26 hours)
Sheet Metal Workers Trust Funds
P.O. Box 45314
San Francisco, CA 94145-0314
Plus, copies to:
compliance@sjlawcorp.com
(subject: “Cold Craft”)
Completed job reports 	(form
attached as Exhibit A to
22nd 	day of each
month
compliance@sjlawcorp.com
(subject: “Cold Craft”)
2 	If the Stipulation has not been fully satisfied by 12/22/26, all monthly submission requirements shall continue
until all amounts have been paid and a Satisfaction of Judgment has been filed with the Court.
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SECOND 	AMENDED 	JUDGMENT PURSUANT TO STIPULATION
Case No. 	4:23-cv-06682-HSG
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Required Submissions 	Delivery deadlines2 	Delivery locations
Stipulation)
and Certified Payroll
(if requested)
(Beginning 2/22/26,
for 1/26 hours)
or
Tino X. Do
Saltzman & Johnson Law Corp.
5100-B1 Clayton Road, Ste 373,
Concord, CA 94521
10. 	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
11. 	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, additional (current) contributions/liquidated damages/interest
(if applicable), and additional attorney’s fees and costs incurred herein.
12. 	Any unpaid or late-paid contributions, together with 20% liquidated damages and 10%
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 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.
13. 	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.
//
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SECOND 	AMENDED 	JUDGMENT PURSUANT TO STIPULATION
Case No. 	4:23-cv-06682-HSG
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MISCELLANEOUS PROVISIONS
14. 	The above requirements remain in full force and effect regardless of whether or not
Defendants have ongoing work, whether Defendants’ account with the Trust Funds is active, or whether
Defendants are signatories to a Collective Bargaining Agreement with the Union. If, for any reason,
Defendants have no work to report during a given month, Defendants shall submit the job report form
(Exhibit A attached hereto) indicating that there are no current jobs. If Defendants are required to
contribute and have no contributions to report, Defendants shall submit the applicable contribution
report stating, “no employees.”
15. 	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.
16. 	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 before
October 22, 2025.
17. 	The conditional waiver of liquidated damages shall be presented to the Board of Trustees
for consideration only after all amounts due under the terms of this Stipulation are paid in full, and
Defendant Cold Craft’s account is otherwise current. If the waiver is granted, a Satisfaction of Judgment
will be filed with the Court once all payments have cleared the bank. If the waiver is not granted, the
liquidated damages will be immediately due. The waiver may be granted with further conditions, such
as paying timely and remaining current for an additional period of time.
18. 	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.
19. 	Any failure on the part of Plaintiffs to take any action as provided herein in the event of
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SECOND 	AMENDED 	JUDGMENT PURSUANT TO STIPULATION
Case No. 	4:23-cv-06682-HSG
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any breach of the provisions of this Stipulation shall not be deemed a waiver of any subsequent breach.
20. 	Defendants have represented that they do not intend to file for Bankruptcy protection. In
the event that Defendants file for Bankruptcy protection, Defendants specifically agree that the amounts
due hereunder, which are employee benefits and related sums, shall not be dischargeable. Defendants
agree to reaffirm this debt and will not request that the debt be discharged.
21. 	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.
22. 	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. The
parties to this Stipulation understand and agree that nothing contained herein shall in any manner relate
to or otherwise limit the obligations of Defendants with respect to the assessment and collection of
withdrawal liability pursuant to 29 U.S.C. § 1381 et seq.
23. 	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.
24. 	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.
25. 	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 4:23-cv-06682-HSG Document 37 Filed 01/20/26 Page 8 of 11

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SECOND 	AMENDED 	JUDGMENT PURSUANT TO STIPULATION
Case No. 	4:23-cv-06682-HSG
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25. 	The parties agree that the Court shall retain jurisdiction of this matter until this Judgment
is satisfied.
DATED: _______________
By:
COLD CRAFT, INC.
Daryl Demanawa,
President
DATED: ______________
By:
DARYL DEMANAWA
Daryl Demanawa
DATED: ________________
By:
SHEET METAL WORKERS PENSION
TRUST OF NORTHERN CALIFORNIA, et al.
Sean O’Donoghue
Chairman of Plaintiff Sheet Metal Workers
Pension Trust of Northern California
DATED: ________________
By:
SHEET METAL WORKERS PENSION
TRUST OF NORTHERN CALIFORNIA, et al.
Rick Werner
Co-Chairman of Plaintiff Sheet Metal Workers
Pension Trust of Northern California
IT IS SO ORDERED.
IT IS FURTHER ORDERED that the calendar in this matter is vacated, and that the Court shall retain
jurisdiction over this matter.
DATED: ______________, 2026
U.S. DISTRICT COURT JUDGE
HAYWOOD S. GILLIAM, JR.
Case 4:23-cv-06682-HSG Document 37 Filed 01/20/26 Page 9 of 11

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25. The parties agree that the Court shall retain jurisdiction of this matter until this Judgment
is satisfied.
DATED: _1�jr5	�f_riG	__
DATED: ---+-\
/_(')_(7/4	__
DATED: -------
DATED: -------
IT IS SO ORDERED.
COLD CRAFT, INC.
Dary Demana a,
President
DARYL DEMANAWA
< ��
By:
D��wa
By:
By:
SHEET METAL WORKERS PENSION
TRUST OF NORTHERN CALIFORNIA, et al.
------------------Sean O 'Donoghue
Chairman of Plaintiff Sheet Metal Workers
Pension Trust of Northern California
SHEET METAL WORKERS PENSION
TRUST OF NORTHERN CALIFORNIA, et al.
Rick Werner
Co-Chairman of Plaintiff Sheet Metal Workers
Pension Trust of Northern California
IT IS FURTHER ORDERED that the calendar in this matter is vacated, and that the Court shall retain
jurisdiction over this matter.
DATED:- -	----
U.S. DISTRICT COURT WDGE
HAYWOOD S. GILLIAM, JR.
SECOND AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No. 4:23-cv-06682-HSG
1/20/2026
Case 4:23-cv-06682-HSG Document 37 Filed 01/20/26 Page 10 of 11

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EXHIBIT A TO SECOND AMENDED JUDGMENT PURSUANT TO STIPULATION
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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: COLD CRAFT, INC.), or
delivered to Saltzman & Johnson, 5100-B1 Clayton Road, Ste 373, Concord, CA 94521
Employer: COLD CRAFT, INC.
Report for the month of _______________, 20__ 	Submitted by: ______________________
***Attach additional sheets as necessary***
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:
Docusign Envelope ID: BF7DC7FA-64EB-46E4-8ED6-FFBD6FCCC5E8
Case 4:23-cv-06682-HSG Document 37 Filed 01/20/26 Page 11 of 11