ocean tower lawsuit outcome

Plaintiff Ocean Towers Corporation (HOA) argues the nominal owners defaulted on their indemnity obligations and seeks appointment of a receiver to preserve its collateral namely, the units and their rents. Description. Proc. . And anyone who challenges him is immediately sued," she said. Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. 0000001296 00000 n 0000002989 00000 n 0000007669 00000 n The prior demurrer ruling does not require denial of this motion. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. According to the appellate courts ruling, Spahi believed representatives of Isen Investments attempted to exploit his financial difficulties to obtain his Ocean Tower units at artificially depressed prices., Specifically, Spahi alleged Isen Investments informed prospective buyers and tenants both him and his family were thieves, crooks and swindlers.. 23. Additionally, the 5AC contains new allegations regarding damages stemming from bank lawsuits that were not operative when the demurrer was decided. When courts apply sanctions, they are generally to be imposed in an incremental approach, with terminating sanctions being the last resort., A plaintiff cannot divide a primary right and enforce it in two suits, including when the first suit is still pending when the second is filed[. 0000140158 00000 n If you do not agree with these terms, then do not use our website and/or services. In July 2008 the developers filed a $125,000,000 lawsuit against Raba-Kistner geotechnical engineers and the structural engineer and the general contractor Zachary Construction. P, Ocean Towers Housing Corporation v. John Spahi et al., Case No. 0000314725 00000 n . The suit names as defendants all three of Ocean Tower's contractors: engineering firms Raba-Kistner Consultants Inc., based in San Antonio, and Datum Engineering Inc., based in Austin, as well as Delaware based Zachry Construction Corp. Since section 128.7(g) explicitly exempts discovery responses from its scope, a request for sanctions for such conduct is not well taken. A trial court reportedly dismissed the lawsuit. This is all false, none of this has been alleged in any formal document in the case pending. Plaintiffs sued the tower's developer and adjacent property owners, including Jones Day's client, TJPA. All to prevent us from getting approval for the original foreclosed unit. Breach of Contract; and 3. 0000006977 00000 n Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. In the meantime, Spahi broke into the unit and illegally started renting it for thousands of dollars while he filed another false lawsuit against the bank who legally owned the unit. Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009. 0000004747 00000 n Except where otherwise noted, Los Angeles Superior Court: Civil Case Summary, 2008-01-18-Appellee Ocean Towers' Brief.pdf, 2008-06-02-Ocean Towers v. Stone Appellate Opinion.pdf, 2007-12-26-Stone Special Motion to Strike.pdf, 2008-04-08-Ocean Towers Opposition to Special Motion to Strike.pdf. ] Cal. By Zach Armstrong The Shore Hotel, a James Heaps Worked at the UCLA Student Health Center and UCLA Medical Center Where Women Have Alleged He Assaulted Them. Eric Uller Allegedly Abused Young Boys Over a Multi-Decade Period Starting in the Late 1980s. The following is just some of the information that is false. 0000005000 00000 n Can check for updates at the LA Superior Court link above. I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). The remaining causes of action are not based on the alleged scheme but on defendants failure to indemnify plaintiff as required under the purchase agreements. Shore Hotel Takes Grand Prize in Environmental Award, Former UCLA Gynecologist Sentenced to 11 Years for Sexual Misconduct, Santa Monica To Pay $122M in Sexual Abuse Settlement Against Former Employee, SMa.r.t. People ex. 0000231229 00000 n DALE S. FISCHER, District Judge.. 0000008359 00000 n "there is sufficient evidence to show misappropriation of funds," she said. I'm happy to . [W]hen two superior courts have concurrent jurisdiction over the subject matter and all parties involved in litigation, the first to assume jurisdiction has exclusive and continuing jurisdiction until such time as all necessarily related matters have been resolved. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. He never had to pay the fees! 0000002075 00000 n C4D~5}5?&R o*@RA?CJ$^S[sn 1ka8Yg/{Q~=Lx(:s>M\7?W Kt This is not well-taken. 0000001976 00000 n ;128.7. Ocean Tower SPI was an unfinished, 31-story condominium in South Padre Island, Cameron County, Texas, United States, that was imploded when it was deemed unsafe to remain standing. The court recognized that Stone might have qualified for the privilege if he had made his statements in a letter to another interested party, but it determined that posting a statement on the Internet does not prove the required intent to reach a specific interested party. 1332 Diversity-Product Liability. Proc. 2021-06-25, California Courts Of Appeal | Other | Further, the court found that Stone may have had malice in publishing the disputed statement. Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. 0000103877 00000 n Os rejection of the notice of related case is not preclusive. No sanctions will be awarded against either party. The HOA argues Windsors discovery responses show it is an alter ego of Spahi existing for the purpose of perpetrating fraud upon the HOA. The current action alleges Spahi is responsible for paying any judgment that may be awarded against the HOA arising from his alter egos purchase of the units, due to the purchase agreements indemnification provisions. 0000004091 00000 n It was nicknamed "Faulty Towers" and "The Leaning Tower of South Padre Island". The completed building would stand 445 feet (136m) tall and be one of the tallest structures in the Rio Grande Valley. Nope! 0000005493 00000 n The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . The court sustained defendants demurrer to the first cause of action on the grounds that it was based on the same primary right as the original action and overruled the demurrer to the second and third causes of action. The motion is GRANTED. Settlement of the structures was indicated to be 4" to 8" under the garage, and 8" to 16" under the hi-rise, which is catastrophic so the "leaning tower of Padre" is actually a reasonable moniker. GRANTED. Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. Zachary however was later dismissed from the lawsuit. ), TJPA reaches global settlement in Millennium Tower litigation. Los Angeles County Superior Courts | Property | 4. Contrary to plaintiffs argument, the courts prior denial of defendants notice of related cases and demurrer has no preclusive effect. Declaration - DECLARATION OF HERBERT NACION RE: PAYMENT AND SUBMISSION OF PRO HAC VICE APPLICATION TO STATE BAR OF CA, Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; DEFENDANT JOHN SPAHI'S DEMURRER -), Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT, Reply - DEFENDANT JOHN SPAHIS REPLY IN SUPPORT OF HIS REQUEST FOR JUDICAL NOTICE, Request for Judicial Notice - DEFENDANT JOHN SPAHIS SECOND REQUEST FOR JUDICAL NOTICE IN SUPPORT OF DEFENDANTS JOHN SPAHIS DEMURRER TO THE FIRST AMENDED COMPLAINT, Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT, Objection - OBJECTION TO DEFENDANT JOHN SPAHI'S REQUEST FOR JUDICIAL NOTICE FILED IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT, Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S DEMURRER TO THE FIRST AMENDED COMPLAINT, Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S MOTION TO STRIKE PUNITIVE CLAIM FROM FIRST AMENDED COMPLAINT, Response - RESPONSE TO PLAINTIFF OCEAN TOWERS HOUSING CORPORATION'S EX PARTE APPLICATION FOR AN ORDER CONTINUING HEARING DATE), Ex Parte Application - EX PARTE APPLICATION OF PLAINTIFF OCEAN TOWERS HOUSING CORPORATION'S FOR AN ORDER CONTINUING HEARING DATE ON JOHN SPAHI'S DEMURRER AND MOTION TO STRIKE REGARDING THE FIRST AMEND, Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196. 0000009967 00000 n The Ocean Tower at South Padre Island has been dubbed the 'leaning tower of South Padre' because parts of it have sunk a foot or more into the sand. Pier supports in the shifting clay more than 100 feet (30m) underground began buckling, stressing beams and columns, causing cracking, spalling, and breaking, eventually causing the building to lean towards the northwest corner, cracking the wall of the adjacent garage, which abuts the tower. "there is sufficient evidence to show misappropriation of funds," she said." However, different primary rights are at stake here versus the other action. During the forensic investigation, Walter P Moore performed a detailed evaluation and used computer modeling to analyze causation of failure, as well as predict future failure of structural elements. The complaint does not state when defendants allegedly repudiated their obligation to indemnify. [W]hen two superior courts have concurrent jurisdiction over the subject matter and all parties involved in litigation, the first to assume jurisdiction has exclusive and continuing jurisdiction until such time as all necessarily related matters have been resolved., Plaintiff characterizes this as an improper third bite at the apple and argues exclusive concurrent jurisdiction cannot apply because both lawsuits were filed within the Los Angeles County Superior Court. 0000008813 00000 n CRESTWOOD HILLS ASSOCIATION VS JON M. LEADER, ET AL. Punitive damages may not be granted in an action based on breach of contract, even if the defendants breach was willful or fraudulent. Crogan v. Metz (1956) 47 Cal.2d 398, 405. As an alternative reason for dismissal, Stone argued that his statements were priviliged because they litigation or were protected communications between parties who share an "interest" in an Ct. San Francisco Cty., Cal. WHEREAS, U.S. Bank, N.A., as Trustee of the Thornburg Mortgage Securities Trust 2007-2 ("USB") and Ocean Towers Housing Corporation ("OTHC") entered into a Settlement Agreement and Release ("Agreement") dated January 8, 2020 for the purpose of resolving by compromise settlement all claims, liabilities, and disputes between them relating to . They are contractual and do not depend on any allegation of fraud or undue influence by HOA directors. Tree of Life Memorial In Palisades Park Celebrates Life of Marissa Rubin, Wife of Jerry Rubin. Thus, Spahi argues, the cases are necessarily related, and the concurrent jurisdiction rule applies. Venice The proclamation read 'The very . Additionally, Spahi argues the statute of limitations bars the first and third causes of action. Subscribe to our newsletter to receive the latest news and events in Santa Monica and the surrounding areas! But those same statements also potentially disparaged the quality of the Spahis title to the Ocean Towers units and the nature of their leasing services, indicating the units were facing foreclosure or subject to assessments for unpaid homeowners association fees and suggesting tenants and prospective buyers would not be dealt with fairly by their landlord or would likely confront additional legal and financial issues when renting or purchasing the Spahis units, the ruling continued. A trial court reportedly dismissed the lawsuit. GRANTED, contingent on service on the State Bar. ocean tower lawsuit outcome. Defendant Spahi cites to Glade v. Glade, where an action was stayed pending the resolution of a prior action within the same superior court involving the same claims. The HOA alleges it has paid millions of dollars in litigation initiated against it by US Bank because of these sales and seeks indemnification from Spahi and his alter egos. Cal. In a hearing conducted on June 13, Los Angeles Superior Court Judge Lisa Hart Cole said that she was inclined to appoint a receiver. Jones Day represented Transbay Joint Powers Authority ("TJPA"), one of the primary parties in the Millennium Tower litigation, which is one of the highest profile litigation matters in the United States. 0000026701 00000 n %PDF-1.5 % 41 0 obj <>/Filter/FlateDecode/ID[<9AE8F4DA070C105AF9C84CF8D5A2177A><816DFA2E18CBA5439B6EC8283FD421D2>]/Index[33 22]/Info 32 0 R/Length 60/Prev 39087/Root 34 0 R/Size 55/Type/XRef/W[1 2 1]>>stream The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. Brentwood News Plaintiffs Motion for Sanctions against Windsor Housing, Inc. . In contrast to condominium owners who own a particular unit, cooperative building owners own a share in the Ocean Towers has 300 units, but voting power is allotted by square footage, and a formula that takes into account ocean views and sale price. When a party properly requests affirmative relief by demurrer or answer or by motion to dismiss, stay or transfer on the grounds of exclusive concurrent jurisdiction, the second court loses jurisdiction over the subject matter and cannot issue rulings on the merits. The Superior Court denied the motion, finding that the statement constituted defamation per se and that there was evidence suggesting Stone's statements were false. If you are interested, please contact us for more details. Walk to the Third Street Promenade and all the best that Santa Monica has to offer," says one real estate agents website, which lists available units at 2.5 million dollars and upif(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'smobserved_com-medrectangle-4','ezslot_8',119,'0','0'])};__ez_fad_position('div-gpt-ad-smobserved_com-medrectangle-4-0');if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'smobserved_com-medrectangle-4','ezslot_9',119,'0','1'])};__ez_fad_position('div-gpt-ad-smobserved_com-medrectangle-4-0_1'); .medrectangle-4-multi-119{border:none !important;display:block !important;float:none !important;line-height:0px;margin-bottom:15px !important;margin-left:auto !important;margin-right:auto !important;margin-top:15px !important;max-width:100% !important;min-height:250px;min-width:250px;padding:0;text-align:center !important;}. *******0918, Plaintiffs Ex Parte Application for Appointment of Receiver. On October 7, 2020, the court entered an order finding all conditions to be met and the global settlement to be final and effective. A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. Additionally, a notice of related cases does not have estoppel effect. In November 2008. 2021-06-22. Both the first cause of action here and the 2015 action are based on allegations that defendants misused their positions as HOA directors, forcing the HOA into fraudulent purchase agreements. When the issues in two actions are substantially the same and individual suits might result in conflicting judgments, the doctrine applies even if there is not complete identity of parties and causes of action. ocean tower lawsuit outcome. I remember when I started blogging a few months ago; I would put in a lot of effort into writing good quality articles, post them on my blog and somehow expect the comments to start pouring in. This action involves plaintiffs contractual rights, while the 2015 action concerns plaintiffs right to be free from fraudulent/disloyal conduct by directors. [3] The building was designed to withstand extreme winds with three massively reinforced core walls. [6], After a month of structural testing the construction of Ocean Tower began on April 5, 2006. Disabled Veterans Still Homeless After VA Opens New Housing, Police Investigate Assault at Santa Monica Restaurant, Suspect Still at Large, Mayor Karen Bass Releases Statement Regarding The Death of Former Mayor Richard Riordan, Councilmember Traci Park Advises Westside Residents To Tune In To Budget And Finance Meetings On Proposed Budget For The City, Los Angeles Delays Spending Most of the Funds Raised by Mansion Tax Until Legal Challenges Are Resolved. Nov. 27, 2013 10:43 AM PT. issue of direct and immediate concern. In 2008 construction was halted when large cracks were observed in parking garage walls and in beams in the hi-rise.

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