Robert Cashman, Smart Truck Systems Inc vs Roger Pawson, Cal-Bay International Inc.
BACKGROUND:
On November 26, 2006 Roger Pawson purchased 100,000 shares of preferred A stock of the company in exchange for assuming all the debt and liabilities of the company. Roger Pawson has control by the fact that on September 15, 2006 the company designated a preferred class A stock which calls for one share of preferred A is equal to 60 shares of common. Therefore on November 26, 2006 Roger Pawson had control of 6,000,000 voting shares of the 9,639,951 out standing.
On November 26, 2006 Robert L. Cashman an individual and on behalf of Hallmark Venture Group collectively gave up control by canceling 3,950,000 shares in exchange for an option to purchase at a future date $4,000,000 dollars worth of shares valued at 50% of the average market price for $.001 per share. Therefore on November 26, 2006 Roger Pawson had voting securities of the company in the amount of 6,000,000 out of the total of 12,367,107.
The agreement called for Roger Pawson to elect a majority of the Board of Directors.
On November 26, 2006 John Vilagi resigned as a director of the registrant.
On November 26, 2006 Roger Pawson, William Sickert and Andrew Mercer were elected as Directors of the company to serve until the next shareholders meeting.
On November 26, 2006 the Board of Directors of the registrant appointed the following officers.
a. Roger Pawson, President/CEO
b. Robert L. Cashman Vice President
c. William Sickert, Secretary/Treasurer
d. Joseph R. Scarpello; COO
e. John Vilagi, Chief Financial Officer
On April 30, 2007, Robert L. Cashman, an individual, and Hallmark Venture Group rescinded the Purchase Agreement with Roger E. Pawson and demanded return of all shares paid to Pawson in the previously reported Purchase Agreement. Cashman and Hallmark Venture Group took this action because of a total lack of compliance with the requirements of the Purchase Agreement by Pawson. This action gives Cashman and Hallmark Venture Group a majority of the voting shares in Smart Truck Systems, Inc.
The Company filed legal action in San Diego Superior Court, Case #37-2008-00050110-CU-BC-NC rescinding the sales agreement with Roger E. Pawson and seeking damages from Roger E. Pawson and Cal Bay International, Inc.
The Rescission requires Roger E. Pawson, William Sickert and Andrew Mercer to resign as officers and directors of Smart Truck Systems, Inc.
On April 30, 2007, Roger E. Pawson, William Sickert, Andrew Mercer and Joseph Scarpello were removed as Directors of the company.
The Board of Directors now consists of Robert L. Cashman.
On April 30, 2007, the Board of Directors of the registrant appointed the following officers.
a. Robert L. Cashman, President and Secretary.
UPDATE:
Case Number: 37-2008-00050110-CU-BC-NC
Date Filed: 01/04/2008
Case Title: Robert Cashman vs. Roger Pawson
Case Status: Post Judgment
Case Category: Civil - Unlimited
Location: North County
Case Type: Breach of Contract/Warranty
Judicial Officer: Jacqueline M. Stern
10/21/2010 Judgment was recorded as follows: Judgment recorded for Robert Cashman;Smart Truck Systems Inc and against Roger Pawson for $ 1311170.00, punitive damages: $ 0, attorney fees: $ 0, interest: $ 0, prejudgment costs: $ 0, other costs: $ 0, amount payable to court: $ , for a grand total of $ 1311170.00.
10/15/2010 Judgment by Default by Court filed by Cashman, Robert; Smart Truck Systems Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
10/15/2010 Judgment was entered as follows: Judgment entered for Cashman, Robert ;Smart Truck Systems Inc and against Pawson, Roger for $ 1311170.00, punitive damages: $ 0.00, attorney fees: $ 0.00, interest: $ 0.00, prejudgment costs: $ 0.00, other costs: $ 0.00, amount payable to court: $ , for a grand total of $1311170.00.
10/15/2010 Judgment by Default by Court filed by Cashman, Robert; Smart Truck Systems Inc.Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
10/15/2010 Minutes finalized for Default Prove-Up Hearing heard 10/15/2010 02:00:00 PM.
10/15/2010 The Court finds judgment on the Amended Complaint(1ST) for Robert Cashman, Smart Truck Systems Inc and against Roger Pawson in the amount of: $1311170.00 principal, $0 punitive damages, $0 attorney fees, $0 interest, $0 prejudgment costs and $0 other costs.
10/07/2010 Default Prove-Up Hearing scheduled for 10/15/2010 at 02:00:00 PM at North County in N-27 Jacqueline M. Stern.
10/07/2010 Default Prove-Up Hearing rescheduled to 10/15/2010 at 02:00:00 PM in N-27 before Jacqueline M. Stern at North County.
09/27/2010 Amended Complaint dismissed without prejudice as to CAL-BAY INTERNATIONAL INC.
09/27/2010 Request for Dismissal without Prejudice - Party filed by Cashman, Robert; Smart Truck Systems Inc.Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
09/01/2010 Judgment by Default by Court submitted by Cashman, Robert; Smart Truck Systems Inc rejected on 09/01/2010. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
08/11/2010 FILE & JUDGMENT PACKAGE SENT TO D-27.
08/09/2010 Application for Entry of Judgment filed by Cashman, Robert; Smart Truck Systems Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
08/03/2010 Default Prove-Up Hearing scheduled for 10/08/2010 at 02:00:00 PM at North County in N-27 Jacqueline M. Stern.
07/28/2010 OSC - Failure to Request Entry of Default scheduled for 08/06/2010 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern was vacated.
07/21/2010 Default entered as to CAL-BAY INTERNATIONAL, INC. on Amended Complaint filed by Cashman, Robert; Smart Truck Systems, Inc.
07/21/2010 Request for Entry of Default filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
06/09/2010 Proof of Service of 30-day Summons & Complaint - Substitute filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
06/04/2010 Minutes finalized for OSC - Failure to Request Entry of Default heard 06/04/2010 11:00:00 AM.
06/04/2010 OSC - Failure to Request Entry of Default scheduled for 08/06/2010 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern.
06/02/2010 Judgment by Default by Court submitted by Cashman, Robert; Smart Truck Systems, Inc. rejected on 06/02/2010. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
05/25/2010 FILE & JUDGMENT PACKAGE SENT TO D-27.
05/24/2010 Request for Dismissal of Does (DOES 1-50 only) filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
05/24/2010 Application for Entry of Judgment filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
04/02/2010 OSC - Failure to Request Entry of Default scheduled for 06/04/2010 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern.
04/02/2010 OSC - Failure to Request Entry of Default rescheduled to 06/04/2010 at 11:00:00 AM in N-27 before Jacqueline M. Stern at North County.
01/07/2010 Default filed by Cashman, Robert; Smart Truck Systems, Inc. entered as to Pawson, Roger on Amended Complaint . Override feature used.
01/07/2010 Request for Entry of Default filed by Cashman, Robert. Cashman, Robert (Plaintiff)
01/04/2010 OSC - Failure to Request Entry of Default scheduled for 04/02/2010 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern.
12/04/2009 Certificate of Service filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
11/20/2009 Proof of Service by Publication filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
10/07/2009 OSC - Why Case Should Not be Dismissed scheduled for 10/30/2009 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern was vacated.
10/05/2009 Order for Publication of Summons/Citation filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
09/08/2009 Summons issued.
09/08/2009 Original Summons (1ST AMENDED) filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
08/03/2009 OSC - Why Case Should Not be Dismissed scheduled for 10/30/2009 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern.
07/31/2009 Minutes finalized for OSC - Failure to File Certificate of Service heard 07/31/2009 11:00:00 AM.
06/12/2009 OSC - Failure to File Certificate of Service scheduled for 07/31/2009 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern.
05/05/2009 Application for Order for Publication of Summons/Citation ((and ORDER FOR PUBLICATION OF SUMMONS/CITATION)) submitted by Cashman, Robert; Smart Truck Systems, Inc. rejected on 05/05/2009. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
04/22/2009 Certificate of Progress: Inability to Serve (EXTENSION GRANTED UNTIL 5/22/09 TO ALLOW ORDER FOR PUBLICATION BE GRANTED (SUBMITTED)) filed by CAL-BAY INTERNATIONAL, INC. CAL-BAY INTERNATIONAL INC (Defendant)
03/26/2009 Default Prove-Up Hearing scheduled for 03/27/2009 at 02:00:00 PM at North County in N-27 Jacqueline M. Stern was vacated.
03/24/2009 Amended Complaint (1ST) filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
02/13/2009 Default Prove-Up Hearing scheduled for 03/27/2009 at 02:00:00 PM at North County in N-27 Jacqueline M. Stern.
02/13/2009 Default Prove-Up Hearing rescheduled to 03/27/2009 at 02:00:00 PM in N-27 before Jacqueline M. Stern at North County.
01/14/2009 Default Prove-Up Hearing scheduled for 02/13/2009 at 02:00:00 PM at North County in N-27 Jacqueline M. Stern.
01/14/2009 Default Prove-Up Hearing rescheduled to 02/13/2009 at 02:00:00 PM in N-27 before Jacqueline M. Stern at North County.
01/12/2009 Notice of Change of Address / Telephone Number (AND FIRM NAME) filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
11/12/2008 Default Prove-Up Hearing scheduled for 01/16/2009 at 02:00:00 PM at North County in N-27 Jacqueline M. Stern.
11/10/2008 OSC - Failure to File Judgment scheduled for 12/05/2008 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern was vacated.
10/29/2008 PROPOSED JUDGMENT AND unfiled DOE dismissal submited by plaintiff rejected on 10/29/08.
10/20/2008 Minutes finalized for OSC - Failure to File Judgment heard 10/17/2008 11:00:00 AM.
10/20/2008 OSC - Failure to File Judgment scheduled for 12/05/2008 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern.
10/17/2008 Application for Entry of Judgment (COURT) filed by Cashman, Robert; Smart Truck Systems, Inc.. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
09/16/2008 OSC - Failure to File Judgment scheduled for 10/17/2008 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern.
09/15/2008 OSC - Failure to File Certificate of Service scheduled for 10/03/2008 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern was vacated.
09/12/2008 Default filed by Cashman,Robert;Smart Truck Systems, Inc. entered as to Pawson, Roger on Complaint . Override feature used.
09/11/2008 Certificate of Service filed by Cashman, Robert. Cashman, Robert (Plaintiff)
09/11/2008 Request for Entry of Default filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
09/01/2008 OSC - Failure to File Certificate of Service scheduled for 10/03/2008 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern.
08/29/2008 Minutes finalized for OSC - Failure to File Certificate of Service heard 08/29/2008 11:00:00 AM.
07/31/2008 Substitution of Attorney filed by Smart Truck Systems, Inc.; Cashman, Robert. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
07/31/2008 Notice of Change of Address / Telephone Number filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
07/30/2008 OSC - Failure to File Certificate of Service scheduled for 08/29/2008 at 11:00:00 AM at North County in N-27 Jacqueline M. Stern.
07/01/2008 Default filed by Cashman,Robert;Smart Truck Systems, Inc. entered as to CAL-BAY INTERNATIONAL, INC. on Complaint . Override feature used.
06/25/2008 Request for Entry of Default filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
06/17/2008 Application for Order for Publication of Summons/Citation (And Order) filed by Cashman, Robert. Cashman, Robert (Plaintiff)
06/16/2008 Default denied as to CAL-BAY INTERNATIONAL, INC. on Complaint filed by Cashman,Robert;Smart Truck Systems, Inc.
06/11/2008 Declaration - Other (DECLARATION OF JESSE T MORRISON IN SUPPORT OF APPLCIATION FOR ORDER FOR PUBLICATION OF SUMMONS) filed by Cashman, Robert; Smart Truck Systems, Inc.Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
06/11/2008 Proof of Service filed by Cashman, Robert. Cashman, Robert (Plaintiff)
06/11/2008 Application for Order for Publication of Summons/Citation filed by Cashman, Robert.Cashman, Robert (Plaintiff)
06/11/2008 Proof of Service of 30-day Summons & Complaint - Substitute (CAL-BAY INTERNATIONAL INC) filed by Cashman, Robert. Cashman, Robert (Plaintiff)
06/11/2008 Request for Entry of Default filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
04/17/2008 Certificate of Progress: Inability to Serve (EXTENSION GRANTED TO 5/30/08) filed by Cashman, Robert. Cashman, Robert (Plaintiff)
04/16/2008 Default denied as to CAL-BAY INTERNATIONAL, INC. on Complaint filed by Cashman,Robert;Smart Truck Systems, Inc.
04/15/2008 Request for Entry of Default filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
02/22/2008 Proof of Service of 30-day Summons & Complaint - Personal (CAL-BAY INTERNATIONAL, INC) filed by Cashman, Robert. Cashman, Robert (Plaintiff)
01/07/2008 Summons issued.
01/07/2008 Case assigned to Judicial Officer Stern, Jacqueline.
01/07/2008 Original Summons filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
01/04/2008 Statement of Venue filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
01/04/2008 Civil Case Cover Sheet filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
01/04/2008 Complaint filed by Cashman, Robert; Smart Truck Systems, Inc. Cashman, Robert (Plaintiff); Smart Truck Systems Inc (Plaintiff)
On November 26, 2006 Roger Pawson, William Sickert and Andrew Mercer were elected as Directors of the company to serve until the next shareholders meeting.
Andrew Mercer took over as CEO of Cal-Bay for one month from April 2007 - May 2007 when Roger Pawson resigned due to health issues. They obviously have a history together.
Wow these two both have a lot of history of legal issues. I won't bother you with all the different case details.
