This case was last updated from San Mateo County Superior Courts on 09/07/2022 at 14:32:19 (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 Buchwald, Gerald J, Buchwald, Gerald J., Novak, Lisa A., Novak, Lisa A, GERALD J. BUCHWALD, LISA A. NOVAK and NOVAK. 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

  • County, State:

    San Mateo, California

Judge Details

Judges

Novak, Lisa A

Buchwald, Gerald J

Buchwald, Gerald J.

Novak, Lisa A.

GERALD J. BUCHWALD

LISA A. NOVAK

NOVAK

 

Party Details

Plaintiff and Cross Defendant

JOHNSON, WESLIE

Defendants and Cross Defendants

TORY M PANKOPF, LTD

CALLOWAY, BRYANT K

PANKOPF, TORY M

JOHNSON, WESLIE

Defendants, Cross Plaintiffs and Cross Defendants

CALLOWAY, BRYANT K

PANKOPF, TORY M

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

SEYMOUR, JAMES H

SEYMOUR, JAMES H.

Defendant and Cross Plaintiff Attorney

DEVALL, BRANDIE

 

Court Documents

Declaration.

DECLARATION OF JAMES H. SEYMOUR IN OPPOSITION TO MOTION FOR CHANGE OF VENUE Comment DEC: DECLARATION OF JAMES H. SEYMOUR IN OPPOSITION TO MOTION FOR CHANGE OF VENUE

Notice.

NOTICE TO ADVERSE PARTY OF REMOVAL TO FEDERAL COURT FILED BY TORY M PANKOPF. Comment N2: NOTICE TO ADVERSE PARTY OF REMOVAL TO FEDERAL COURT FILED BY TORY M PANKOPF.

Declaration.

DECLARATION OF B. CALLOWAY IN SUPPORT OF REPLY TO OPPOS. TO MOT. FOR CHANGE OF VENUE FILED BY BRYAN Comment DECL: DECLARATION OF B. CALLOWAY IN SUPPORT OF REPLY TO OPPOS. TO MOT. FOR CHANGE OF VENUE FILED BY BRYANT K CALLOWAY

Declaration.

DECLARATION AND REQUEST FOR JUDICIAL NOTICE IN OPP TO MOTION TO SET ASIDE DEFAULT FILED BY WESLIE J Comment DECL: DECLARATION AND REQUEST FOR JUDICIAL NOTICE IN OPP TO MOTION TO SET ASIDE DEFAULT FILED BY WESLIE JOHNSON

Proof of Service by MAIL of.

PROOF OF SERVICE (BY MAIL) OF PLAINTIFF'S MEMORANDUM IN OPPOSITION ETC. SERVED ON BRANDIE DEVALL, Comment PSN3: PROOF OF SERVICE (BY MAIL) OF PLAINTIFF'S MEMORANDUM IN OPPOSITION, ETC. SERVED ON BRANDIE DEVALL, ESQ WITH A SERVICE DATE OF 10/22/13 FILED.

Notice.

NOTICE OF MINUTE ORDER FILED BY WESLIE JOHNSON. Comment N: NOTICE OF MINUTE ORDER FILED BY WESLIE JOHNSON.

Proof of Service by MAIL of.

PROOF OF SERVICE (BY MAIL) OF SEE LIST SERVED ON SEE SERVICE LIST WITH A SERVICE DATE OF 05/16/14 F Comment PSN3: PROOF OF SERVICE (BY MAIL) OF SEE LIST SERVED ON SEE SERVICE LIST WITH A SERVICE DATE OF 05/16/14 FILED.

Notice.

NOTICE OF CONTINUANCE OF HRG. ON PLNTF.'S MOT. FOR CHANGE OF VENUE FILED BY BRYANT K CALLOWAY. Comment N2: NOTICE OF CONTINUANCE OF HRG. ON PLNTF.'S MOT. FOR CHANGE OF VENUE FILED BY BRYANT K CALLOWAY.

Conversion Action.

(S) CROSS-COMPLAINT OF TORY M PANKOPF TORY M PANKOPF, LTD FILED Comment CC: (S) CROSS-COMPLAINT OF TORY M PANKOPF, TORY M PANKOPF, LTD FILED

Proof of Service by MAIL of.

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.

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.

Document.

REPLY TO PLAINTIFF'S OPP TO DEF'S MOTION TO SET ASIDE DEFAULT FILED. Comment FILED: REPLY TO PLAINTIFF'S OPP TO DEF'S MOTION TO SET ASIDE DEFAULT, FILED.

Proof of Service by MAIL of.

PROOF OF SERVICE (BY MAIL) OF SEE LIST SERVED ON SEE SERVICE LIST WITH A SERVICE DATE OF 05/16/14 F Comment PSN3: PROOF OF SERVICE (BY MAIL) OF SEE LIST SERVED ON SEE SERVICE LIST WITH A SERVICE DATE OF 05/16/14 FILED.

Declaration.

DECLARATION AND REQUEST FOR JUDICIAL NOTICE IN OPP TO MOTION TO SET ASIDE DEFAULT FILED BY WESLIE J Comment DECL: DECLARATION AND REQUEST FOR JUDICIAL NOTICE IN OPP TO MOTION TO SET ASIDE DEFAULT FILED BY WESLIE JOHNSON

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 CONTINUED HEARING ON MOTION TO SET ASIDE DEFAULTS FILED BY TORY M PANKOPF TORY M PANKOPF Comment N2: NOTICE OF CONTINUED HEARING ON MOTION TO SET ASIDE DEFAULTS FILED BY TORY M PANKOPF, TORY M PANKOPF, LTD.

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.

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.

72 More Documents Available

 

Docket Entries

  • 07/14/2014
  • View Court Documents
  • DocketProof 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
  • View Court Documents
  • DocketOrder.; 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
  • DocketOrder 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
  • DocketConversion Minute.; Additional Info: Comment MICMS: ENTERED BY S.HARRIS ON 05/28/14.

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

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

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

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  • 05/29/2014
  • DocketConversion Minute.; Additional Info: Comment FFT: BEING NO ARGUMENT PRESENTED OTHER THAN LACK OF JURISDICTION ON WHICH DEFENDANT HAS SOUGHT

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  • 05/29/2014
  • DocketConversion Minute.; Additional Info: Comment FFT: NEVER EFFECTUATED AND IN TURN THIS COURT NEVER WAS DIVESTED OF ITS JURISDICTION TO ACT. THERE

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294 More Docket Entries
  • 04/22/2013
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  • DocketProof of Service of Complaint/Petition.; Additional Info: 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.

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

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  • 01/07/2013
  • FinancialFinancial info for JOHNSON, WESLIE; Transaction Assessment $435.00

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

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  • 01/07/2013
  • DocketCause Of Action.; Additional Info: Action Complaint File Date 01/07/2013

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  • 01/07/2013
  • DocketNew Filed Case.

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  • 01/07/2013
  • View Court Documents
  • DocketCivil Case Cover Sheet.; Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 01/07/2013
  • View Court Documents
  • DocketSummons 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
  • DocketConversion Minute.; Additional Info: Comment *FEE: 130107-0519-CK 194/ 435.00 PAYMT

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  • 01/07/2013
  • View Court Documents
  • DocketComplaint.; Additional Info: (S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

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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.

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