Diffley v. Royal Papers, Inc.

CRANE, Presiding Judge.

Plaintiffs, pension plan Trustees, filed an action to collect $210.80, which represented a late fee of 10% of total contributions due, against defendant employer for making late contributions to the pension plan in two months in 1995. After hearing the Trustees’ and employer’s motions for summary judgment, the trial court entered summary judgment in employer’s favor. The Trustees appeal. We affirm on the grounds that the late fee is an unenforceable penalty.

The undisputed facts before the court on the motions for summary judgment were as follows: Defendant, Royal…