Tuesday, December 02, 2008

California Redwood playing hardball with Evergreen Pulp.

Humboldt County Superior Court Judge J. Michael Brown allowed a RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING to California Redwood after making judgement that Evergreen failed to prove that all the property described in plaintiff's application for exemption from attachment.

The court orders that California Redwood is allowed to attach asses ts for the amount of $321,210. The writ of attachment is for ANY PROPERTY OF A DEFENDANT (Evergreen) WHO IS NOT A NATURAL PERSON FOR WHICH A METHOD OF LEVY IS PROVIDED.

This means that the DEFENDANT (Evergreen) SHALL TRANSFER TO THE LEVING OFFICER POSSESSION OF THE FOLLOWING PROPERTY IN DEFENDANT'S (California Redwood) POSSESSION: To the extent necessary to satisfy the amount secured (i.e., $321,210: Accounts Receivable, chattel paper and general intangibles arising out of defendant's (California Redwood) trade and business; equipment; inventory (wood chips, logs and pulp by placement of a keeper); and deposit accounts.

So Evergreen did not have the ability to pay employees their rightful wages because of the need to make California Redwood whole first. Not fair to the workers. But all of these transactions only are good for who? Right. The lawyers. They are getting their pay or they wouldn't be doing these maneuvers.

Mind you, the above is my synapse of the court document. The case is well over 100 pages thick and growing.


Rose said...

What is this about?

Ernie Branscomb said...

Rose, this is about California Redwood and the lawyers for both sides getting paid, and not the Evergreen workers. Ain’t it the way it always is?

Of course this is just my assumption, and not the alleged truth.

Anonymous said...

California Redwood HAS been paid what they were owed (unlike many others, now including employees). However, Cal Red is "pissed" because their precious contract to provide chips to the mill was broken, so they are taking this harsh approach. Mind you, everyone else's contracts were "broke" too, but they are not trying to extract extra monies from the preverbial turnip like Cal Red is.

Anonymous said...

Don't forget the Union Meeting Today !

Anonymous said...

Wahhhhhhh. Boo hoo. It's over, go find another job.

samoasoftball said...

The sad part is that Evergreen Pulp workers are “collateral damage” in a war between Cal Red and Evergreen. You think Evergreen's lawyers are working in "hopes" of being paid? Not likely.

Carol said...

I am sorry to hear about this, Richard.

Anonymous said...

The workers who were stiffed (the 800 hours) need to sue to get their money.

Get a judgment and attach assets just like California Redwood did. Nobody is going to protect the workers; they have to protect themselves. Cal Red didn't wait for somebody to make them whole; they got their due.

Get a lawyer and file.

Rambo said...

Eureka, a great place to RETIRE to. I feel sorry for my son who is a new car salesman there :(

Rose said...

I think you should be blaming the ones who aren't paying the workers, not the vendor who apparently also had trouble getting paid. Presumably that vendor also has employees, and in order the pay THEM, they need to be paid. I'm just guessing...

So, Evergreen just decided to leave town without paying anybody, is that the story here? That's pretty bad.

I'm asking, honestly, Richard, can you tell us what is going on?

Evergreen decided to shut down? Or sell? Or transfer? And all of a sudden a going business isn't paying anybody?

Do the workers have a good lawyer?

samoasoftball said...

Rose: No. I can't tell you what is going on, because I don't know. Yes. I have lawyers on the job who are doing what they can to file the right charges and protect our workers rights.

You can say, "they can't violate the Federally enforced Warn Act!" Evergreen did.

You can say, "they can't violate state laws and not pay workers for work rendered!" Evergreen did.

You can say, "they can't violate a labor agreement between the company and the employees!" Evergreen did.

And now lawyers take the charge.

Evergreen has been a very good employer until a few months ago when the world economy tanked. I which communication was better, but obviously things are going on that we workers are not privy to.

I am hoping that Evergreen comes public with their potential new owners or finish what ever transaction they may have with a new buyer.

Anonymous said...

The rumors about someone else buying the mill may be nothing but rumors.
Evergreen has commutated there intentions to no one publicly.
This may be a way of trying to get support for not paying the water bill or trying to keep employees from leaving.
As we were told last night at the Union meeting, the standing committee was told that Evergreen has no known monies coming in.
We all know that the outfall line will plug.
If it is true that they may sell the mill to someone that intends to run it, that someone will have a very expensive repair before anything will happen.
Seem to me that it about time for Evergreen to tell this community what is going on. .

Anonymous said...

Evergreen owes the workers several million dollars (the WARN obligations plus the contract payments); that money will never be paid.

On the other hand, by getting a judgment for that money, the workers have a bargaining chip. It can be used to bid for the mill in a bankruptcy proceeding if the workers want to do an ESOP.

My guess is that somebody will push Evergreen into Chapter 7 (liquidation) proceedings fairly soon.

The EPA will be getting involved soon since the mill may now qualify as an "abandoned facility".

Ernie Branscomb said...

Lawyer, lawyer, lawyer.

Richard, I understand that you liked working at Evergreen, and you hope nothing but the best for them, but if they go under, you need to have your labor claims met first. As an employer myself, I would want my employees taken care of before anything else. I hardly think that Evergreen will hold anything against you if you get a lien on the property.... Get on it!