Lawsuit: Jade Ocean Condo Developer Stole from Project Lenders - CCFJ The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. Ocean Tower Settlement and Implosion - Blogger HomeClassifiedsDirectoryAboutContactAdvertise. Construction was halted in May 2008 when cracks formed in the building's supporting columns, and investigations revealed that the core of the skyscraper had sunk by more than 14 inches (360mm). Zachary however was later dismissed from the lawsuit. Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. 0000230961 00000 n The HOA filed a fifth amended complaint (5AC) in the original action on October 16, 2019. 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.. Case Number: *******0918 Hearing Date: July 31, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al., Case No. Code of Civ. [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. jakarta residence implosion 2009 dimulai.. Copyright 2007-22 Digital Media Law Project and respective authors. On November 4, 2008, after several engineering studies had discovered that the work needed to fix the building would prevent the project from becoming economically viable, the development was officially cancelled and purchasers were released from their unit purchase agreements. No punitive damages may be recovered even if the facts alleged complaint amount to fraud. Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. hXrH}+Q$Y#o> hM`+ {z>cw?x. =U:y2O7:}c(#J0a?sGHL%GU_o#]n&/v4P,}s{OBeo~3,[G#Lj=*}0-PN->3}b)f|vpqP 4(. DENIED. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. Ocean Tower - Wikipedia Proc. The story goes that way back in the 90's, then mayor Ed Cyganiewicz came up with the idea of outlawing neckties as a way of promoting the laidback atmosphere on the island. LA COURT CONNECT IS NOW AVAILABLE. HOPKINS v. Cal. The judge is Judge Lisa Hart Cole, not Marian Kohl. 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. 0000211211 00000 n Ocean Towers is a 317-unit luxury cooperative apartment building high-rise located at 201 Ocean Avenue. Case No. Nonetheless, they arise out of the same subject matter purchase agreements entered by Spahis alleged alter egos and seek the same damages the costs incurred by the HOA in defending against the US Bank litigation. Subscribe to our newsletter to receive the latest news and events in Santa Monica and the surrounding areas! It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. ;128.7 (g). %PDF-1.5 % 0000144111 00000 n 3. " " 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." . Cause Of Action: 28 U.S.C. The second two causes of action are based on a primary right not involved in the 2015 action. ` The second and third causes of action seek to enforce plaintiffs alleged right to indemnification under the purchase agreement. This action involves plaintiffs contractual rights, while the 2015 action concerns plaintiffs right to be free from fraudulent/disloyal conduct by directors. Finally, one place to get all the court documents we need. his wife, Maria. 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[. ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. "Prestige property at 201 Ocean Ave. has completed three years of litigation". I'm happy to . %%EOF 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. TAHER SPAHI, ET AL. TJPA reaches global settlement in Millennium Tower litigation - Jones Day 0000006486 00000 n According to filings in the Heyman Densmore,;Roger P. Heyman; James K.T. . ocean tower lawsuit outcome Westside Today 0000002075 00000 n PDF EFORE THE STATE COMMISSION ON JUDICIAL CONDUCT - Texas DALE S. FISCHER, District Judge.. I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. Transbay Joint Powers Authority (TJPA), et al. The Domits' company received approximately $3.5 million from the settlement. 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. SMart (Santa Monica Architects for a Responsible Tomorrow) Last weeks column was Part 1. GRANTED. trailer <<62DD41D1A9AC4D93B41AD3F841D72D45>]/Prev 870850>> startxref 0 %%EOF 124 0 obj <>stream According to filings in the case, in a posting on his website The Ocean View, Stone accused . 0 . 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. Court's Privacy Ruling Break the Internet? Can check for updates at the LA Superior Court link above. Fortune International Group owes $1.5 million to a lender in the developer's luxury Jade Ocean high-rise condominium in Sunny Isles Beach, a Miami-Dade Circuit Court lawsuit claims. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". The court sustained to the extent the HOA sought relief for Spahis alleged sham sales but overruled to the extent the action sought to enforce indemnification provisions in the sale agreements. 01/22/2020 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference, Amended Objections to Plaintiff's Notice of Deposition of Person Most Qualified at Defendant Windsor Ocean, Inc.; Filed by Windsor Ocean, Inc. (Defendant), Notice of Ruling; Filed by Ocean Towers Housing Corporation (Plaintiff), at 08:30 AM in Department P; Case Management Conference - Held - Continued, at 08:30 AM in Department P; Hearing on Motion to be Admitted Pro Hac Vice - Held - Motion Granted, at 08:30 AM in Department P; Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held - Motion Granted, Minute Order ( (Case Management Conference; Defendant John Spahi's Demurrer -)); Filed by Clerk, Declaration (of Herbert Nacion re: Payment and Submission of Pro Hac Vice Application to State Bar of CA); Filed by John Spahi (Defendant), at 08:30 AM in Department R, Marc D. Gross, Presiding; Case Management Conference - Not Held - Vacated by Court, JOHN SPAHI?S REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT; Filed by John Spahi (Defendant), Answer; Filed by Windsor Ocean, Inc. (Defendant), Proof of Personal Service; Filed by Ocean Towers Housing Corporation (Plaintiff), First Amended Complaint For: 1. 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. 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. 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. 54 0 obj <>stream Rel Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 774. 0000010694 00000 n On October 7, 2020, the court entered an order finding all conditions to be met and the global settlement to be final and effective. 23. 'Leaning tower of South Padre' to be torn down - Chron ;128.7(b)(1), (4). The court also found that the litigation privilege didn't apply because both Stone and his comments were unrelated to the other Ocean Towers lawsuit. Joe Orlando was his henchman. 0000119652 00000 n Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. 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. The statements alleged by the Spahis certainly impugned their personal reputations with accusations of dishonesty and improper and illegal conduct such as withholding security deposits, the panel of judges stated in their ruling. Mr. Eggenberger fulfilled the requirements of CRC 9.40 and the application. This man controlled who was able to buy and sell in his building. (the original action) pending in Dept. SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. Plaintiffs Motion for Sanctions against Windsor Housing, Inc. 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. 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[. There is no Misappropriation of Funds, and John Spahi is not the CEO, for starters. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. No sanctions will be awarded against either party. Contact: Doug Elmets. 0000262322 00000 n Stone appealed to California's Second Appellate District. 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. 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. Q8TVcqJpb8w`zE[k*F;7IeP$qE7MdvPbMnbfuIbR + d[ylmB*[$[$derXF- Motion to Strike Punitive Damages Allegations. 2. " 0000010374 00000 n "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. Description. Thus, the bank could not sell us the unit. The developers of the Ocean Tower condominiums on South Padre Island have filed suit in Cameron County, claiming fraud on behalf of three firms involved with the engineering and construction of the high-rise building. The second lawsuit, filed by 1 Source Towers, argues that the city's denial of a cell tower at 1800 Harden Blvd. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. (916 . Ocean Towers Lawsuit Permitted To Go Forward: - SM Mirror assigned for hearing and determination to one department of the superior court by the presiding judge . 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 Ocean Tower Spi - Other Texas Places - Houston Architecture 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. In 2015, an HOA shareholder filed a derivative complaint against Spahi and his alleged alter egos and co-conspirators, alleging breach of his duties as director and fraud on the HOA. 2022-03-17, Los Angeles County Superior Courts | Property | Id. The original action was converted to a direct action by the HOA in 2019. We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. 0000140158 00000 n Los Angeles County Superior Courts | Property | Although the facts of the case are not disclosed and difficult to obtain, the lawsuit does reveal that the exploratory borings were no deeper than 100 feet, and the design pile depth was 95 feet in the final construction drawings. 0000043094 00000 n Calvillo immediately took control of the Ocean Tower settlement proceeds and placed them in a "Receivership Account" at Inter National Bank. and the proceeding . But if you're a newcomer to our beautiful island you need to know that it is illegal to wear a necktie on South Padre Island. It appears that a settlement was reached. Regarding the demurrer, the primary right doctrine at issue in that ruling is distinct from the exclusive concurrent jurisdiction doctrine at issue here. We attempted to purchase a foreclosed unit that was precious owned by John Spahi. Cal. Palisades News. at 788. Case Number: *******0918 Hearing Date: March 12, 2020 Dept: P. Plaintiff HOA alleges defendant Spahi used his position as the HOAs controlling director to engineer sham sale agreements under which the HOA sold units to Spahi and his alter egos for less than market value. Lakeland faces 2 lawsuits for denial of controversial cell towers O of this court, alleging John Spahi engaged in a scheme to fraudulently transfer title of various units in the complex to himself through sales to alter egos. Omar Spahi, who owns units in Ocean Towers near the intersection of Ocean Avenue and San Vicente Boulevard filed a lawsuit in 2010 against Isen Investments, Inc., alleging the firm had manipulated the market of his luxury apartments by defaming him. Ocean Towers Has Been Falsely Portrayed, Reports One Homeowner 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. 0000002573 00000 n Plaintiff argues the rule only applies when different superior courts have jurisdiction over the cases in question. "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. . 2021-06-25, California Courts Of Appeal | Other | In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. . ] Cal. 2022-02-14, California Courts Of Appeal | Other | 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. VS JOHN SPAHI, ET AL. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. He straight out explained to us that the above was the reason that we were not getting approved. South Padre Island's Ocean Tower Highrise Condo To Be Imploded Defendants concede plaintiff pleads alter ego liability, but argue alter ego cannot be alleged both in this action and the 2015 action due to the primary right doctrine. 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. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191. Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues, Hear Ye, Hear Ye! In the first cause of action, he alleges defendants violated that duty and acted against the HOAs best interests by causing it to sell him residential units at a steep discount. 0000305624 00000 n Who knows, right now all i can say is that a geotechnical report for a project of this magnitude is usually written by one engineer and reviewed by another more senior engineer. Island Breeze. endstream endobj startxref 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. In 2008 construction was halted when large cracks were observed in parking garage walls and in beams in the hi-rise. However, on March 17, a three-judge panel in the California Court of Appeals Second Appellate District reversed the trial court dismissal, allowing Spahi to move forward with his claim. The truthfulness and accuracy of such information is likely to be in dispute. P, Ocean Towers Housing Corporation v. John Spahi et al., Case No. The prior demurrer ruling does not require denial of this motion. In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. 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. Ocean Tower Failure Analysis | Walter P Moore Plaintiff HOA sues defendant Spahi for allegedly using his position as the HOAs controlling director to engineer sham sale agreements, under which the HOA sold several residential units to Spahi and his alter egos for less than fair market value. They are contractual and do not depend on any allegation of fraud or undue influence by HOA directors. In August 2009, while the divorce remained pending, the Ocean Tower Lawsuit settled. When 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 over the subject matter and all parties until all necessarily related matters have been resolved. Services: Failure Analysis / Structural Assessment and Strengthening / Litigation Support. OCEAN TOWERS HOUSING CORPORATION VS SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST, ET AL. Transbay Joint Powers Authority (TJPA), et al. A $125 million lawsuit over the failed . 0000004747 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. 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. Is Pep Guardiola A Democratic Leader, Angela Sather Jaquez, Telegraph Herald Subscription, Adrenal Fatigue After Tattoo, Carlos Botong Francisco Awards And Achievements, Articles O
">