This case was last updated from San Mateo County Superior Courts on 07/20/2018 at 16:53:27 (UTC).

WESLIE W. JOHNSON VS. TORY M. PANKOPF

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****8918

  • Filing Date:

    01/07/2013

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Professional Negligence

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

Judge Details

Judges

Novak, Lisa A

Buchwald, Gerald J

Buchwald, Gerald J.

Novak, Lisa A.

 

Party Details

Plaintiffs and Cross Defendants

WESLIE W JOHNSON

JOHNSON, WESLIE

Defendants, Cross Defendants and Cross Plaintiffs

TORY M PANKOPF

TORY M PANKOPF, LTD

BRYANT K CALLOWAY

CALLOWAY, BRYANT K

PANKOPF, TORY M

JOHNSON, WESLIE

Defendants and Cross Plaintiffs

CALLOWAY, BRYANT K

PANKOPF, TORY M

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

SEYMOUR, JAMES H

Defendant and Cross Plaintiff Attorney

DEVALL, BRANDIE

 

Court Documents

Conversion Action.

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.

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 of Complaint/Petition.

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

Answer / Response / Denial - Unlimited.

(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.

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 as to.

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.

Document.

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.

Conversion Action.

SUMMONS ON CROSS COMPLAINT ISSUED AND FILED (UNLIMITED). Comment SCC: SUMMONS ON CROSS COMPLAINT, ISSUED AND FILED (UNLIMITED).

Summons Issued / Filed.

30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

Request to enter default 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.

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

Answer / Response / Denial - Unlimited.

(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

Conversion Action.

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

Answer / Response / Denial - Unlimited.

(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

Motion.

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

Conversion Hearing.

CASE MANAGEMENT CONFERENCE Comment CASE MANAGEMENT CONFERENCE

Proof of Service of Complaint/Petition.

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 Cover Sheet.

CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

30 More Documents Available

 

Docket Entries

  • 04/30/2014
  • Disposition: Judgment; Judgment Type; Default Entered; Party; Name: JOHNSON WESLIE; Comment: 0003 CROSS-COMPLAINT.

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  • 04/29/2013
  • Disposition: Judgment; Judgment Type; Default Entered; Party; Name: TORY M PANKOPF LTD; Comment: 0001 COMPLAINT; Party; Name: Comment: 0001 COMPLAINT.

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  • 07/14/2014
  • View Court Documents
  • 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.

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  • 07/14/2014
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  • 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.

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  • 06/30/2014
  • 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.

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  • 05/29/2014
  • Conversion Minute. Additional Info: Comment MICMS: ENTERED BY S.HARRIS ON 05/28/14.

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  • 05/29/2014
  • Conversion Minute. Additional Info: Comment COM: * *.

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  • 05/29/2014
  • Conversion Minute. Additional Info: Comment FFT: A. NOVAK FOR SIGNATURE.

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  • 05/29/2014
  • Conversion Minute. Additional Info: Comment FFT: THE PREVAILING PARTY SHALL PREPARE AN ORDER AND SUBMIT IT DIRECTLY TO DEPARTMENT 13 JUDGE LISA

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  • 05/29/2014
  • Conversion Minute. Additional Info: Comment FFT: RELIEF HIS MOTION FOR RELIEF FROM DEFAULT IS DENIED.

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284 More Docket Entries
  • 01/07/2013
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  • Civil Case Cover Sheet. Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 01/07/2013
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  • Summons Issued / Filed. Additional Info: 30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

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  • 01/07/2013
  • Conversion Minute. Additional Info: Comment *FEE: 130107-0519-CK 194/ 435.00 PAYMT

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  • 01/07/2013
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  • Complaint. Additional Info: (S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

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  • 04/30/2014
  • Financial info for TORY M PANKOPF, LTD : Case Payment Receipt # 201404300565 TORY M PANKOPF, LTD $435.00

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  • 04/30/2014
  • Financial info for TORY M PANKOPF, LTD : Transaction Assessment $435.00

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  • 04/30/2014
  • Financial: TORY M PANKOPF, LTD; Total Financial Assessment $435.00; Total Payments and Credits $435.00

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  • 01/07/2013
  • Financial info for JOHNSON, WESLIE : Case Payment Receipt # 201301070519 JOHNSON, WESLIE $435.00

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  • 01/07/2013
  • Financial info for JOHNSON, WESLIE : Transaction Assessment $435.00

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  • 01/07/2013
  • Financial: JOHNSON, WESLIE; Total Financial Assessment $435.00; Total Payments and Credits $435.00

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Complaint Information

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

SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO

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

IWENTY-FIFTH AFFIRMATIVE DEFENSE (FAILURE TO PERFORM)

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.

IWENTY-SIXTH AFFIRMATIVE DEFENSE (FRAUD)

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.

IWENTY-SEVENTHAFFIRMATIVE DEFENSE (FRUSTRATION)

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.

IWENTY-EIGHTH AFFIRMATIVE DEFENSE

(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.

IWENTY-NINTH AFFIRMATIVE DEFENSE (IMPLIED CONSENT)

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.

THIRTIETH AFFIRMATIVE DEFENSE (OFFSET)

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.

THIRTY-FIRST AFFIRMATIVE DEFENSE (STATUTE OF LIMITATION)

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.

THIRTY-SECOND AFFIRMATIVE DEFENSE (ILLEGAL ACTS)

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.