ON JUNE 16,2015
LOCKSMITH FINANCIAL CORP.ANNOUNCES THAT ON APRIL 30,2015 A COMPLAINT
WAS FILED AGAINST VOIP-PAL.COM.INC., OTC Pink: VPLM
CASE NO.: A-15-717491-C DEPT.NO.: I
DISTRICT COURT ,CLARK COUNTY, NEVADA
LOCKSMITH FINANCIAL CORP (Plaintiff)
? vs
VOIP-PAL.COM.INC , a Nevada corporation
THOMAS SAWYER, an individual
EMIL MALAK, an individual
EDWIN CANDY, an individual
COLIN TUCKER , an individual
DENNIS CHANG, an individual
DOES I through X, inclusive
and ROE ENTITIES XI through M, inclusive
? Defendants
LOCKSMITH FINANCIAL CORP. FILED PLAINTIFF'S OPPOSITION TO DEFENDANTS'S MOTION TO DISMISS and MOTION TO AMEND COMPLAINT
LOCKSMITH FINANCIAL CORP. (Debt Capital,Corporate Finance,Private Placement and Debt Financing for Public Companies-)
COMPLAINT FOR:
?1) Breach of Contract
2) Fraud/ Misrepresentation
?3) Securities Fraud
?4) Breach of Fiduciary Duty
5) Breach of the Implied Covenant of Good Faith and fair Dealing
?6) Fraudulent Misrepresentation
Arbitration Exemption Requested:
Amount in Controversy Exceeds
$50,000.00
?
?2.VOIP-Pal.ComWAS SERVED AT THE OFFICE OF THE RESIDENT AGENT ON MAY 21,2015
1.????EMIL Malak SERVED MAY 4, 2015
....................................................
LOCKSMITH FINANCIAL CORPORATION, INC., et al. vs. VOIP-PAL.COMq, INC., et al. CASE NO.: A-15-717491-C DEPT. NO.: 25
having heard and considered the testimony, evidence, proof and arguments offered by the respective 4 parties and the cause then having been submitted to the Jury for decision, the Jury being fully advised 5 6 7 8 9 10 11 12 13 14 15 16 17
18
in the premises; and having duly rendered its verdict, in favor of the above-named Plaintiff Locksmith Financial Corporation, and against the Defendants Emil Malak, Dennis Chang, Thomas Sawyer, Colin Tucker, Edwin Candy, and Mike Waggett on the cause of action of breach of fiduciary duty; and having rendered its verdict in favor of above-named Third-Party Counterclaimant TK Investment, Ltd. and against the Defendant VOIP-Pal.com, Inc. on the claim of unjust enrichment; and having awarded Defendants nothing by way of their counterclaims and third-party claims. NOW, THEREFORE, the Court being fully advised in the premises; IT IS HEREBY ORDERED AND ADJUDGED, That Judgment be entered in favor of
Plaintiff Locksmith ·Financial Corporation and against Defendants Emil Malak, Dennis Chang, Thomas Sawyer, Colin Tucker, Edwin Candy, and Mike Waggett, on the claim of Breach of Fiduciary+
Duty, in the amount of $355,000.00, plus pre-judgment interest from May 21, 2015 in the amount of
$91 .306.17 (calculation attached as "Exhibit 1").
IT IS FURTHER ORDERED AND ADJUDGED, That Judgment is entered in favor the
19 Third-Party Plaintiff TK Investment, Ltd. and against Defendant VOIP-Pal.com, Inc., on the claim of
20 Unjust Enrichment, 1n the amount of $84,000.00, plus pre-judgment interest from January 29, 2019 in 21 the amount of $3,456.53 (calculation attached as "Exhibit 1"). 22 I I I
23 Ill 24 Ill 25 I I I 26 I I I 27 I I I 28
3
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LOCKSMITH FINANCIAL CORPORATION, INC., et al. vs. VOIP-PAL.COM, INC., et al. CASE NO.: A-15-717491-C DEPT. NO.: 25
2 3
IT IS FURTHER ORDERED AND ADJUDGED, That judgment is entered in favor of 4 Counterdefendants and Third-Party Defendants, against Counterclaimant and Third-Party Defendant, 5 respectively. 6 7 8 9 10 Submitted by:
d3d DATED this day of
11 LAW OFFICE OF MICHAEL E. SMITH, ESQ., P.C. :~~~~
14 Randall Tindall (6522)
1515 E. Tropicana Ave., Ste 530 15 LasVegas,Nevada 89119
16 Attorneys for Plaintiffs, Third-Party Defendants
and Third-Party Plaintiff
17 Approved as to form and content by:
18 19 20 21 Kurt R. Bonds (6228)
OR& SANDERS
22 Adam R. Knecht (13166)
6605 Grand Montecito Pkwy 23 Las Vegas, Nevada 89149
24 MALEK MOSS PLLC
25 Kevin N. Malek (pro hac vice)
340 Madison Avenue, FL 19 26 New York, New York 10173
27 Attorneys for Defendant, Counterclaimants and Third-Party Claimants
28
4
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2 , _)
4 5 6
7 8
9 10
11 12 13 14 15 16 17 18 19 20 21 22
EXHIBIT 1
?, ~-'
24 25 26 27 28
5
........................
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Period Beginning:
05/2112015 1 07/0112015 01/0112016 07/0112016 01/0112017 07/01/2017 01/01/2018 07/01/2018 I 01/01/2019 07/01120 19j
INTEREST CALCUALTION
Prime
Judgment Interest
Interest
Rate ( 0/o) Rate (Prime + 2°/o)
3.25 5.25 3.25
5.25 3.50 5.50 3.50 5.50 3.75 5.75 4.25 6.25 4.50 6.50 5.00
7.00 5.50 7.50 5.50 7.50 TOTALS:
27 1 Calculated from date of service of summons, May 21, 2015 Calculated from date Counterclaim was filed, January 29, 2019 Calculated through Aug. 16, 2019 date ofjury verdict
28
6
$ Interest on $355,000.00
4,594.54 9,318.75 9,762.50 9,762.50 10,206.25 11,093.75 11,537.50 12,425.00 13,312.50 3,428.42 91,306.17
$ Interest on $84,000.00
2,645.302
811.23 3,456.53
AI
