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Can Cal Resources Ltd – ‘10SB12G’ on 7/9/99 – EX-10.10

On: Friday, 7/9/99 · Accession #: 1028269-99-35 · File #: 0-26669

  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 7/09/99  Can Cal Resources Ltd             10SB12G               21:469K                                   Adamson Sharon R/FA

Registration of Securities of a Small-Business Issuer — Form 10-SB
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10SB12G     Form 10-Sb                                            55    235K 
 2: EX-3.0      Articles of Incorporation                              8     25K 
 3: EX-3.1      Amendment to Articles of Incorporation                 1     10K 
 4: EX-3.2      By-Laws                                                7     22K 
 5: EX-10.0     Joint Venture Agreement - Schwarz                     36     90K 
 6: EX-10.1     Mining Lease - Twin Mountain Rock                     12     47K 
15: EX-10.10    Complaint                                              6     17K 
16: EX-10.11    Confession of Judgment                                 4     16K 
17: EX-10.12    Agreement - 545538                                    11     43K 
 7: EX-10.2     Loan Agreement                                         3     18K 
 8: EX-10.3     Amendment to Loan                                      9     35K 
 9: EX-10.4     Second Amendment to Loan                               8     35K 
10: EX-10.5     Deed of Trust                                         27    101K 
11: EX-10.6     Lease and Purchase Option                              9     32K 
12: EX-10.7     Agreement - Aurum                                      5     23K 
13: EX-10.8     Quit Claim Deed                                        4     22K 
14: EX-10.9     Agreement - Tyro                                       5     22K 
18: EX-11.0     Computations of Earnings Per Share                     1      8K 
19: EX-16.0     Chage in Auditors                                      1      9K 
20: EX-23.0     Consent of Auditors                                    1      8K 
21: EX-27       Financial Data Schedule                                1     11K

EX-10.10 — Complaint

EX-10.10 1st Page of 6 TOC ↑Top Previous Next ↓Bottom Just 1st
 
                                                                   EXHIBIT 10.10

SYLVESTER & POLEDNAK, ESQ.                                                      
DONALD T. POLEDNAK, ESQ.                                                        
Nevada Bar No. 4721                                                             
601 S. Sixth Street                                                             
Las Vegas, Nevada 8901                                                          
(702) 952-5200                                                                  

DISTRICT COURT

CLARK COUNTY, NEVADA

CAL-CAN RESOURCES, LTD.,                    )                                   
                                    )      Case No.      A386420
Plaintiff                                   )      Dept. No.     VII            
                              )      Docket No.    P
vs.                                         )                                   
                                      )      EXEMPT FROM ARBITRATION
TYRO, INC., a Nevada corporation,           )      DISPUTE IN EXCESS OF $40,000 
aka TYRO PRECIOUS METALS                    )                                   
PROCESSING CENTER, DEAN                     )                                   
WILLMAN and ROLAND S. ERICSSON,             )                                   
and DOES I through X, inclusive,            )                                   
         )
Defendants                          )                           
         )
--------------------------------------------                                    

       COMPLAINT

        Cal-Can Resources, Ltd. ("Plaintiff"), by and through its legal counsel,
Donald T. Polednak,  Esq. of the law firm of Sylvester & Polednak,  Ltd., hereby
alleges and complains of the Defendants, and each of them, as follows:          

 190

EX-10.10 2nd Page of 6 TOC 1st Previous Next ↓Bottom Just 2nd
 GENERAL ALLEGATIONS

        1. Plaintiff is a corporation  formed and existing under the laws of the
State of Nevada, with its principal place of business located at 1505 Blackcombe
Street, Suite 203, Las Vegas, Nevada 89128.                                     

        2.  Defendant  Tyro,  Inc. aka Tyro Precious  Metals  Processing  Center
("Tyro")  is a  corporation  formed and  exiting  under the laws of the State of
Nevada with its principal place of business located in Clark County, Nevada.    

        3. Defendant Dean Willman ("Willman") is an individual residing in Clark
County, Nevada.                                                                 

        4. Defendant Roland S. Ericsson  ("Ericsson") is an individual  residing
in Clark County, Nevada.                                                        

        5. The true  names  and  capacities  of  Defendant  DOES I through V are
unknown to  Plaintiff,  and  Plaintiff  therefore  sues said  Defendants by said
fictitious names. Plaintiff is informed and believes, and thereupon alleges that
each of the  Defendants  designated as DOE is responsible in some manner for the
events  and  happenings  referred  to and caused the  damages  to  Plaintiff  as
alleged,  and Plaintiff  will ask leave of this court to amend this Complaint to
insert  the  true  names  and  capacities  of DOES I  through  V when  they  are
ascertained by Plaintiff  together with  appropriate  charges and allegations to
join such Defendants in this action.                                            

        6. On or about October 30, 1997, the above-named Defendants, jointly and
severally,   entered  into  an  agreement  (the   "Agreement")   with  Plaintiff
memorializing certain                                                           

 191

EX-10.10 3rd Page of 6 TOC 1st Previous Next ↓Bottom Just 3rd
indebtedness  owed to  Plaintiff by  Defendants.  A true and correct copy of the
Agreement  is  attached  hereto as Exhibit "1" and  incorporated  herein by this
reference.                                                                      

        7.  Pursuant  to the  terms of the  Agreement,  and  repayment  schedule
contained  therein,  the  Defendants,  individually,  and jointly and severally,
covenanted  and promised to pay Plaintiff  the total sum of $65,000  pursuant to
the terms  set  forth in the  Agreement.  8. The  Defendants,  and each of them,
agreed and covenanted  that they were primarily  liable for all monies set forth
in the  Agreement,  and in that of the  event of any  default,  they  would  pay
Plaintiff all costs, including reasonable attorney's fees and costs in enforcing
the  Agreement,  its lien and  security  interest,  and the rights and  remedies
provided  within the  Agreement.  9. The  Agreement  contains  an  "acceleration
clause"  which  provides  that upon the  occurrence  of an event of default  all
amounts owed by the Defendants  pursuant to the Agreement become immediately due
and payable to Plaintiff. 10. Events of default under the Agreement specifically
include  failure to repay any of the amounts set forth in to the Agreement.  11.
Defendants, and each of them, have failed to make payments pursuant to the terms
of the  Agreement  despite  demand and it has been  necessary  for  Plaintiff to
retain the  services of an  attorney to bring suit to recover  amounts due under
the Agreement. Pursuant to the specific terms of the Agreement, the Plaintiff is
entitled to recover its attorney's fees and costs incurred in the enforcement of
the Agreement.                                                                  

 192

EX-10.10 4th Page of 6 TOC 1st Previous Next ↓Bottom Just 4th
FIRST CLAIM FOR RELIEF

(Breach of Contract)

        12. Plaintiff  restates and realleges  paragraphs 1 through 11 as though
fully  set forth  herein at  length.                                            

   13. The  Agreement  between the  parties  constitutes  a  contract.

        14.  Defendants,  and each of them,  have  failed,  despite  demand,  to
perform under the terms of the contract by specifically  failing and refusing to
make payments due under the payment  schedule set forth in the Agreement.  As of
the date of the filing of this Complaint,  the Plaintiff is owed the approximate
amount of $50,000,  exclusive of interest  accruing pursuant to the terms of the
Agreement and  attorney's  fees and costs of suit  incurred.                    

        15. As a result of Defendants failure to make payment under the terms of
the  contract  between the parties,  Plaintiff  has been damaged in an amount in
excess of $10,000.                                                              

        16.  Plaintiff has been required to retain the services of legal counsel
to  enforce  the  Agreement  and,  pursuant  to the terms of the  Agreement,  is
entitled to recovery of attorney's fees and costs of suit.                      

        WHEREFORE,  Plaintiff prays that judgment be entered against Defendants,
jointly  and  severally  as  follows:                                           

As to the First  Cause of Action                                                
----------------------------------                                              

        (a) For damages  pursuant to the terms of the Agreement in the amount of
$50,000.00 (in excess of $10.000),  plus accruing  interest.                    

(b) For attorney's fees and costs of suit incurred herein.      

 193

EX-10.10 5th Page of 6 TOC 1st Previous Next ↓Bottom Just 5th
        (c) For such other and further relief as is deemed just and appropriate.
DATED this 30th day of March, 1998.                                             

                  SYLVESTER & POLEDNAK, LTD.

                                By      /s/     Donald T. Polednak, Esq.
                                       -----------------------------------------
                                              Donald T. Polednak, Esq.
                                         601 S. Sixth Street
                                             Las Vegas, Nevada 89101

 194

EX-10.10 Last Page of 6 TOC 1st Previous Next ↓Bottom Just 6th
             EXHIBIT 1

AGREEMENT  DATED  OCTOBER 30, 1997 BETWEEN  CAN-CAL  RESOURCES AND TYRO PRECIOUS
METALS CENTER IS FILED AS EXHIBIT 10.9 TO THE FORM 10SB OF WHICH THIS  COMPLAINT
IS MADE A PART OF AS EXHIBIT 10.10.                                             

 195

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Dates Referenced Herein

		Referenced-On Page
This ‘10SB12G’ Filing	Date	First	Last	Other Filings

Filed on:	7/9/99			None on these Dates
	10/30/97	2	6
				List all Filings

3 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 8/28/20  Can Cal Resources Ltd.            10-Q        9/30/19   30:1.1M                                   GlobalOne Filings Inc/FA
 8/28/20  Can Cal Resources Ltd.            10-Q        6/30/19   31:1.1M                                   GlobalOne Filings Inc/FA
 8/28/20  Can Cal Resources Ltd.            10-Q        3/31/19   31:1M                                     GlobalOne Filings Inc/FA

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Filing Submission 0001028269-99-000035 – Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

Can Cal Resources Ltd – ‘10SB12G’ on 7/9/99 – EX-10.10

On: Friday, 7/9/99 · Accession #: 1028269-99-35 · File #: 0-26669

Registration of Securities of a Small-Business Issuer — Form 10-SBFiling Table of Contents

EX-10.10 — Complaint

Dates Referenced Herein

3 Subsequent Filings that Reference this Filing

Registration of Securities of a Small-Business Issuer — Form 10-SB
Filing Table of Contents