On 01/07/2013 WESLIE W JOHNSON filed a Contract - Professional Negligence lawsuit against TORY M PANKOPF. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The Judges overseeing this case are Novak, Lisa A, Buchwald, Gerald J, Buchwald, Gerald J. and Novak, Lisa A.. The case status is Pending - Other Pending.
*****8918
01/07/2013
Pending - Other Pending
San Mateo County Superior Courts
Southern Branch Hall Of Justice And Records
San Mateo, California
Novak, Lisa A
Buchwald, Gerald J
Buchwald, Gerald J.
Novak, Lisa A.
WESLIE W JOHNSON
JOHNSON, WESLIE
TORY M PANKOPF
TORY M PANKOPF, LTD
BRYANT K CALLOWAY
CALLOWAY, BRYANT K
PANKOPF, TORY M
JOHNSON, WESLIE
CALLOWAY, BRYANT K
PANKOPF, TORY M
SEYMOUR, JAMES H
DEVALL, BRANDIE
MEMORANDUM OF IN OPP TO MOTION TO SET ASIDE DEFAULT FILED BY WESLIE JOHNSON Comment MEMO: MEMORANDUM OF IN OPP TO MOTION TO SET ASIDE DEFAULT FILED BY WESLIE JOHNSON
NOTICE OF ERRATA RE: DECLARATION BY TORY M PANKOPF IN SUPPORT OF MOTION TO SET ASIDE DEFAULT FILED Comment N2: NOTICE OF ERRATA RE: DECLARATION BY TORY M PANKOPF IN SUPPORT OF MOTION TO SET ASIDE DEFAULT FILED BY TORY M PANKOPF TORY M PANKOPF, LTD.
PROOF OF SERVICE BY MAIL OF SUMMONS AND CROSS-COMPLAINT OF PANKOPF SERVED ON WESLIE JOHNSON FILED; Comment PSM: PROOF OF SERVICE BY MAIL OF SUMMONS AND CROSS-COMPLAINT OF PANKOPF SERVED ON WESLIE JOHNSON FILED; DATE OF MAILING: 11/24/13
(S) ANSWER TO CROSS-COMPLAINT OF CALLOWAY FILED BY WESLIE JOHNSON REPRESENTED BY JAMES H SEYMOUR Comment ANS: (S) ANSWER TO CROSS-COMPLAINT OF CALLOWAY FILED BY WESLIE JOHNSON, REPRESENTED BY JAMES H SEYMOUR
NOTICE OF CONTINUANCE OF HRG. ON PLNTF.'S MOTION FOR CHANGE OF VENUE FILED BY BRYANT K CALLOWAY. Comment N2: NOTICE OF CONTINUANCE OF HRG. ON PLNTF.'S MOTION FOR CHANGE OF VENUE FILED BY BRYANT K CALLOWAY.
SUBSTITUTION OF ATTORNEY FILED. FORMER ATTORNEY BRANDIE DEVALL REMOVED AS TO BRYANT K CALLOWAY AND Comment SAT: SUBSTITUTION OF ATTORNEY FILED. FORMER ATTORNEY BRANDIE DEVALL REMOVED AS TO BRYANT K CALLOWAY AND REPLACED WITH ATTORNEY PRO/PER.
PLAINTIFF'S MEMORANDUM IN OPPOSITION TO MOTION FOR CHANGE OF VENUE FILED. Comment FILED: PLAINTIFF'S MEMORANDUM IN OPPOSITION TO MOTION FOR CHANGE OF VENUE, FILED.
SUMMONS ON CROSS COMPLAINT ISSUED AND FILED (UNLIMITED). Comment SCC: SUMMONS ON CROSS COMPLAINT, ISSUED AND FILED (UNLIMITED).
30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.
REQUEST FOR DEFAULT FILED AND DEFAULT ENTERED ON CROSS-COMPLAINT OF PANKOPF AS TO WESLIE JOHNSON. Comment REQDE: REQUEST FOR DEFAULT FILED AND DEFAULT ENTERED ON CROSS-COMPLAINT OF PANKOPF AS TO WESLIE JOHNSON.
DECLARATION IN SUPPORT OF OBJ. TO CONTINUED HEARING FOR LACK OF NOT. TO CONFIRM TENTATIVE RULING Comment DEC: DECLARATION IN SUPPORT OF OBJ. TO CONTINUED HEARING FOR LACK OF NOT. TO CONFIRM TENTATIVE RULING
(S) ANSWER TO CROSS-COMPLAINT OF CALLOWAY FILED BY TORY M PANKOPF TORY M PANKOPF, LTD, REPRESENTED Comment ANS: (S) ANSWER TO CROSS-COMPLAINT OF CALLOWAY FILED BY TORY M PANKOPF, TORY M PANKOPF, LTD, REPRESENTED BY PRO/PER
REPLY TO OPPOSITION TO MOTION FOR CHANGE OF VENUE FILED BY BRYANT K CALLOWAY Comment REP: REPLY TO OPPOSITION TO MOTION FOR CHANGE OF VENUE FILED BY BRYANT K CALLOWAY
(S) ANSWER TO COMPLAINT OF JOHNSON FILED BY BRYANT K CALLOWAY REPRESENTED BY BRANDIE DEVALL Comment ANS: (S) ANSWER TO COMPLAINT OF JOHNSON FILED BY BRYANT K CALLOWAY, REPRESENTED BY BRANDIE DEVALL
NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE; MEMO; DECLARATIONS IN SUPPORT FILED BY BRYANT K CA Comment NM: NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE; MEMO; DECLARATIONS IN SUPPORT FILED BY BRYANT K CALLOWAY
CASE MANAGEMENT CONFERENCE Comment CASE MANAGEMENT CONFERENCE
PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF JOHNSON SERVED ON TORY M PANKOPF WITH SERVI Comment PS: PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF JOHNSON SERVED ON TORY M PANKOPF WITH SERVICE DATE OF 03/05/13.
CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED
Disposition: Judgment; Judgment Type; Default Entered; Party; Name: JOHNSON WESLIE; Comment: 0003 CROSS-COMPLAINT.
Disposition: Judgment; Judgment Type; Default Entered; Party; Name: TORY M PANKOPF LTD; Comment: 0001 COMPLAINT; Party; Name: Comment: 0001 COMPLAINT.
Proof of Service by MAIL of. Additional Info: PROOF OF SERVICE (BY MAIL) OF PROPOSED ORDER SERVED ON SEE LIST WITH A SERVICE DATE OF 06/12/14 FIL Comment PSN3: PROOF OF SERVICE (BY MAIL) OF PROPOSED ORDER SERVED ON SEE LIST WITH A SERVICE DATE OF 06/12/14 FILED.
Order. Additional Info: ORDER DENYING MOTION BY DEFENDANTS TO SET ASIDE THEIR DEFAULTS SIGNED BY JUDGE NOVAK ON 07/08/14 F Comment O2: ORDER DENYING MOTION BY DEFENDANTS TO SET ASIDE THEIR DEFAULTS, SIGNED BY JUDGE NOVAK ON 07/08/14 FILED.
Order after Hearing Received and Forwarded to Department. Additional Info: Comment OAHRF: ORDER AFTER HEARING FOR 05/29/14 RECEIVED AND FORWARDED TO DEPT. 13.
Conversion Minute. Additional Info: Comment MICMS: ENTERED BY S.HARRIS ON 05/28/14.
Conversion Minute. Additional Info: Comment COM: * *.
Conversion Minute. Additional Info: Comment FFT: A. NOVAK FOR SIGNATURE.
Conversion Minute. Additional Info: Comment FFT: THE PREVAILING PARTY SHALL PREPARE AN ORDER AND SUBMIT IT DIRECTLY TO DEPARTMENT 13 JUDGE LISA
Conversion Minute. Additional Info: Comment FFT: RELIEF HIS MOTION FOR RELIEF FROM DEFAULT IS DENIED.
Civil Case Cover Sheet. Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED
Summons Issued / Filed. Additional Info: 30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.
Conversion Minute. Additional Info: Comment *FEE: 130107-0519-CK 194/ 435.00 PAYMT
Complaint. Additional Info: (S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED
Financial info for TORY M PANKOPF, LTD : Case Payment Receipt # 201404300565 TORY M PANKOPF, LTD $435.00
Financial info for TORY M PANKOPF, LTD : Transaction Assessment $435.00
Financial: TORY M PANKOPF, LTD; Total Financial Assessment $435.00; Total Payments and Credits $435.00
Financial info for JOHNSON, WESLIE : Case Payment Receipt # 201301070519 JOHNSON, WESLIE $435.00
Financial info for JOHNSON, WESLIE : Transaction Assessment $435.00
Financial: JOHNSON, WESLIE; Total Financial Assessment $435.00; Total Payments and Credits $435.00
BRANDIE DEVALL, Esq. (SBN 247308) 4508A Atlantic Ave. Suite 1220 FILED
Long Beach, California 90807 SAN MATEO COUNTY Telephone: (562) 989-7000 '
Attorneys for Defendant/Cross-Complainant BRYANT K. CALLOWAY
WESLIE JOHNSON, CASE NO.: CV518918 Plaintiff,
VS. ANSWER OF DEFENDANT AND CROSS- COMPLAINANT BRYANT K. CALLOWAY
TORY M. PANKOPF, TORY M PANKOPF, | TO PLAINTIFF’S COMPLAINT
LTD., a professional corporation; BRYANT
K. CALLOWAY, and DOES 1 through 10,
inclusive, '
Defendants.
BRYANT K. CALLOWAY, Plaintiff, VS.
WESLIE JOHNSON, TORY M. PANKOPF, TORY M. PANKOPF, LTD., a professional corporation, and DOES through 25, inclusive,
Defendants.
Comes now, Defendant and Cross-complainant, BRYANT K. CALLOWAY (“CALLOWAY™), for himself and for no other party, answers the Complaint of Plaintiff and { Cross-defendant WESLIE JOHNSON (“JOHNSON™) and further pleads and alleges as follows: Defendant and Cross-complainant, CALLOWAY, generally and specifically denies each and every allegation of JOHNSON’S Complaint, and the whole thereof. CALLOWAY further denies
25. CALLOWAY alleges that to the extent CALLOWAY was obligated to perform any obligation or duty under the agreement between the parties, such performance was and is excused by virtue of the failure by JOHNSON to perform the conditions precedent
to CALLOWAY'S performance, if any, due under the terms of the agreement.
26. The Complaint, and each and every purported cause of action or claim for relief therein, is barred because JOHNSON’S consent to the terms of the agreement were
procured by fraud.
27. The Complaint, and each and every purported cause of action or claim for relief therein, 1s barred because the purposes underlying the basis of the Complaint have been
frustrated and defeated.
(FrRivoLous CLAIMS)
28. The Complaint, and each and every purported cause of action or claim for relief therein, is barred by reason of JOHNSON’S bad faith filing of frivolous claims contained
in the Complaint.
29. The Complaint, and each and every purported cause of action or claim for relief therein, is barred because JOHNSON consented to and approved all of the acts and
omissions about which JOHNSON now complains.
30. The Complaint, and éach and every purported cause of action or claim for relief therein, is barred because, without conceding that an act or omission of Plaintiff caused damage to the Defendant or any other person in any respect, Plaintiff is entitled to offset and recoupment against any judgment that may be entered against Plaintiff all obligations of Defendant owing to Plaintiff, including but not limited to all offsets and recoupment due by reason of Defendant’s misrepresentation and concealment of facts, breach of duty, breach of contract, violation of the covenant of good faith and fair dealing, violation of
federal and state statutory and common law, and other wrongful conduct and breaches.
31. The Cross-complaint, and each and every purported cause of action or claim for relief therein, is barred because Defendant failed to timely file an action seeking relief for
the acts, omissions and/or conduct alleged in the complaint.
32. The Complaint, and each and every purported cause of action or claim for relief therein, is barred and this Complaint fails to state a cause of action because JOHNSON, by reason of his conduct and omissions, is guilty of illegal acts with respect to the
transactions alleged in the Complaint.