Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! ;128.7. In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. Filed: April 28, 2023 as 2:2019cv06106. Type: Other Statutes Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. P, Ocean Towers Housing Corporation v. John Spahi et al., Case No. Stone appealed to California's Second Appellate District. . endstream endobj 37 0 obj <>stream ;128.7 (g). The hi-rise included a 4-level parking garage immediately adjacent and connected to it. The fact that the parties in two actions are different does not preclude application of the rule if the two actions share a subject matter. Plaintiff argues the rule only applies when different superior courts have jurisdiction over the cases in question. Yelp, Inc. v. Hadeed Carpet Cleaning, Inc. Massachusetts Bay Transportation Authority v. Anderson, Kessler International v. Citizen Media Law Project, New York County v. Twitter, Inc. (subpoena), Suffolk County District Attorney's Office v. Twitter, Inc. (subpoena), Seven Years of Serving and Studying the Legal Needs of Digital Journalism, DMLP Announcement: A New Report on Media Credentialing in the United States. . 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. Yo! "That $11 million has never been accounted for," one resident told us. Venice [1][2], The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. South Padre Island's Ocean Tower Highrise Condo To Be Imploded In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[580,400],'smobserved_com-medrectangle-3','ezslot_5',155,'0','0'])};__ez_fad_position('div-gpt-ad-smobserved_com-medrectangle-3-0'); The lawsuit alleges that Spahi, who now owns a controlling interest and 40 units in the property, misappropriated $11 million out of $50 million FEMA paid Ocean Towers to make repairs after the 1994 Northridge earthquake. and the proceeding . The appeals court affirmed the ruling on essentially the same grounds. Additionally, even if the court accepted plaintiffs interpretation, plaintiff does not adequately justify imposition of such an extreme remedy as entry of default. Description. Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. 2022-02-14, California Courts Of Appeal | Other | The declaration of John M. Pierce in support of the motion states defendants counsel will promptly provide this application to the State Bar of California. Declaration of John M. Pierce, 3. Contrary to plaintiffs argument, the courts prior denial of defendants notice of related cases and demurrer has no preclusive effect. 54 0 obj <>stream The prior demurrer ruling does not require denial of this motion. Ocean Tower Failure Analysis | Walter P Moore While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. This action involves plaintiffs contractual rights, while the 2015 action concerns plaintiffs right to be free from fraudulent/disloyal conduct by directors. . ocean tower lawsuit outcome. Judge Will Appoint Receiver Over Ocean Towers - Santa Monica Observer If you'd like to subscribe to additional lists, please select any here! The complaint does not state when defendants allegedly repudiated their obligation to indemnify. Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449 where a proceeding has been . 33 0 obj <> endobj U.S. BANK, N.A. v. OCEAN TOWERS HOUSING CORPORATION - Leagle Ocean Towers provides financial statements every year to show ALL distribution of fund. Finally, Spahi argues the second cause of action fails because he was not a party to the relevant contracts. 0000002075 00000 n This caused increasing levels of damage to the structural system due to load redistribution and overload of structural elements. Millennium Tower Litigation Settled, Engineering Upgrade of Building to [3] The building was designed to withstand extreme winds with three massively reinforced core walls. The HOA argues Windsors discovery responses show it is an alter ego of Spahi existing for the purpose of perpetrating fraud upon the HOA. Further, Spahi alleged the firm advertised he never returned the security deposits to anyone who rents one of his units, failed to pay the secured loans on each unit, was solicited by the banks as a fraud, and did not pay homeowner association fees. [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. Submitted by DMLP Staff on Tue, 09/23/2008 - 22:15, Ocean Towers Housing Corp., the owner of an apartment building in Santa Monica, California filed a defamation lawsuit against one of its tenants Richard Stone, who accused the company of breaching its fiduciary duty to its shareholders. 0000058586 00000 n ;128.7(b)(1), (4). *******0918. A dispute between two members of the Board of Directors of Santa Monica's only co-op, may put the prestigious property into receivership on Wednesday. 0000144111 00000 n hbbd``b`j@ H0G @H L@ 3 TJPA is a public agency responsible for a newly constructed Transit Center adjacent to the Millennium Tower. "We believe that he used the money to acquire more units for himself because he appointed himself CEO of the co-op corporation and could do whatever he wanted or felt he could. The owner of several units in the Ocean Towers residential complex near Palisades Park was given the green light to continue with his lawsuit against a real estate investment firm, a California appeals court ruled earlier this month. Code of Civ. endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream A trial court reportedly dismissed the lawsuit. He argues a significant risk of contradictory rulings in the two actions and that a stay will not conflict with the courts prior demurrer ruling because the demurrer ruling was based on the primary right doctrine, whereas this motion seeks to apply the broader exclusive concurrent jurisdiction doctrine. Plaintiff argues the primary right in the 2015 action is the HOAs right to be governed by a board that fulfills its fiduciary duties, while the 2019 action involves the boards right to enforce its written agreements with Spahi. 0000005896 00000 n his wife, Maria. July 10, 2008 - 5:40PM. Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. Preliminary evaluation showed that the tower's core had sunk 14 to 16 inches (360 to 410mm), while the attached parking lot had shifted less than half that distance. 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 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. Cal. Beginning in 2016, a series of lawsuits were filed concerning a 56-story condominium tower, colloquially referred to as "San Francisco's Leaning Tower," which has vertically moved more than 16 . jakarta residence implosion 2009 dimulai.. 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. The truthfulness and accuracy of such information is likely to be in dispute. Transbay Joint Powers Authority (TJPA), et al. ;128.7 by stating in its answer answering Defendant denies that Plaintiff has or will sustain any damage or loss by reason of any act or omission of this answering Defendant, or its agent, employees, servants, officers, directors, shareholders, representatives or otherwise. Plaintiff argues this constitutes a representation that defendant has employees . Dont Miss Your Last Chance to Experience CORTEO by Cirque du Soleil! hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. GRANTED, contingent on service on the State Bar. In August 2009, while the divorce remained pending, the Ocean Tower Lawsuit settled. 05/15/2009 - According to the case summary (search "BC359619"), the case was dismissed by the plaintiff without prejudice. %PDF-1.5 % The Isens did not have a good faith belief their statements about the Spahis were true or accurate, but either knew the statements were false when made or willfully and wantonly disregarded the truth.. Plaintiffs argument is unavailing, and Dept. officers, directors, shareholders, when Windsor knew it had none. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, it is beyond the jurisdictional authority of. Code of Civ. Lakeland faces 2 lawsuits for denial of controversial cell towers Judicial Foreclosure; Filed by Ocean Towers Housing Corporation (Plaintiff); Ocean Towers Housing Corporation (Plaintiff), Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk, Civil Case Cover Sheet; Filed by Ocean Towers Housing Corporation (Plaintiff), Complaint; Filed by Ocean Towers Housing Corporation (Plaintiff), Summons (on Complaint); Filed by Ocean Towers Housing Corporation (Plaintiff), Notice of Case Assignment - Unlimited Civil Case; Filed by Clerk, Notice of Case Management Conference; Filed by Clerk. The use of expandable clay, which compresses when weight is applied to it, compounded the issue and allowed the parking garage to remain relatively unsettled compared to the tower itself. 2022-03-17, Los Angeles County Superior Courts | Property | Both surviving causes of action are based on an alleged breach of written purchase agreements subject to a four-year statute of limitations. [6][9][14][1], The implosion was watched by a large crowd, many of whom stayed in local hotels and visited restaurants in the area. 3. " Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. . Rel Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 774. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. The original action was converted to a direct action by the HOA in 2019. Comments 1 | Recommend 0 . Falk v. Childrens Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1469 fn. The second lawsuit, filed by 1 Source Towers, argues that the city's denial of a cell tower at 1800 Harden Blvd. ] Cal. Due to popular demand the Berkman Klein Center is keeping the website online, but. 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. 0000314725 00000 n Plaintiffs sued the tower's developer and adjacent property owners, including Jones Day's client, TJPA. LEONARD LUDOVICO VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION. . 2022-09-02, Los Angeles County Superior Courts | Property | This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. hUQo0+=0N8RtHkhxHL!AI?M e]SYV;by@Q0?>xU RxL)PNp%pWJdynE)0Z0}r*:*yV(b E(0MP4-E^IvldN~ R-9;RMs~7_qZ*- %`o0l8or 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. ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. Defendant argues the 2019 action constitutes an improper attempt to divide this primary right, since both actions are brought by the HOA and are based on the same alleged scheme by Spahi. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. CRAIG T. KOJIMA / CKOJIMA@STARADVERTISER.COM. This action is stayed pending the outcome of the 2015 action. Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. 0000001296 00000 n A trial court reportedly dismissed the lawsuit. Clients Moreover, the Isens were aware of the harm to the Spahis that would result from the false statements and intended to cause such harm, the appellate court ruling stated about Spahis lawsuit. "there is sufficient evidence to show misappropriation of funds," she said. A posted article about Ocean towers contains a ton of false information, I'd love a chance to discuss with the author and set the record straight. 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[. Cases, Dockets and Filings in New Jersey Zachary however was later dismissed from the lawsuit. Motion to Strike Punitive Damages Allegations. 0000003246 00000 n Pursuant to the settlement, all claims against TJPA were dismissed with prejudice. 8. Also alleged: the firm stated the units owned by Spahi and his family were about to be auctioned off in bankruptcy court. A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. Q8TVcqJpb8w`zE[k*F;7IeP$qE7MdvPbMnbfuIbR + d[ylmB*[$[$derXF- 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 Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. ] Cal. GRANTED. 0000008813 00000 n 0000009432 00000 n Relief Based on Rescission; 2. 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. 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. 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. ;128.7(h). Though the developers initially vowed to fix the problem, studies discovered that repairs would have been too expensive, and plans for its demolition were announced in September 2009. It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. Cal. 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. SMart (Santa Monica Architects for a Responsible Tomorrow) Last weeks column was Part 1. SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. The HOA argues Windsors counsel, Pierce Bainbridge, assisted in the fraud by designating Spahis son Omar as Windsors PMQ, though he had no knowledge of Windsors structure or dealings, and by filing an answer that allegedly claimed Windsor followed corporate formalities. Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . The two cases do involve different defendants, different causes of action and different primary rights. SC124263 (the original action) pending in Dept. 0000007669 00000 n Regarding the demurrer, the primary right doctrine at issue in that ruling is distinct from the exclusive concurrent jurisdiction doctrine at issue here. I'm happy to . at 788. Subscribe to our newsletter to receive the latest news and events in Santa Monica and the surrounding areas! Further, the court found that Stone may have had malice in publishing the disputed statement. We also share information about your use of our site with our social media, advertising and analytics partners. By signing and filing a pleading or motion, an attorney certifies the filing is not being presented primarily for an improper purpose, and that [t]he denials of factual contentions are warranted on the evidence[. He straight out explained to us that the above was the reason that we were not getting approved. The Domits' company received approximately $3.5 million from the settlement. Spahi v. Superior Court of Los Angeles County et al. The litigation is still on-going and the matter has not been adjudicated fully yet. The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. 0000231229 00000 n Under the doctrine of exclusive concurrent jurisdiction, a court has jurisdiction over a case even if a prior ongoing case concerns the same subject matter until a party files a proper motion to stay the second action or a separate pleading requesting relief. Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation Both surviving causes of action arise out of an alleged contract breach. . 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 . He never had to pay the fees! 0000043094 00000 n ;128.7. Island Breeze. The original action was converted to a direct action by the HOA in 2019. Under the transaction test from, By signing and filing a pleading or motion, an attorney certifies the filing is not being presented primarily for an improper purpose, and that [t]he denials of factual contentions are warranted on the evidence[. Ocean Tower Settlement and Implosion - Blogger The proclamation read 'The very . Id. VS JOHN SPAHI, ET AL.
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