ocean tower lawsuit outcome

0000008359 00000 n "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. Code of Civ. STIPULATED JUDGMENT. 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. . Saturday, October 10, 2009 Ocean Tower Settlement and Implosion In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . Additionally, even if the court accepted plaintiffs interpretation, plaintiff does not adequately justify imposition of such an extreme remedy as entry of default. Ocean Tower condominium was expected to be the highest structure of luxury living in the Rio Grande but instead dubbed the leaning tower of South Padre because parts of it have sunk almost 16 inches, cracking beams and columns. She continued the hearing to June 27 and recommended that the two parties, John Spahi and Michael Reach, attempt to settle their dispute. All to prevent us from getting approval for the original foreclosed unit. . Transbay Joint Powers Authority (TJPA), et al. officers, directors, shareholders, when Windsor knew it had none. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. No sanctions will be awarded against either party. The second two causes of action are based on a primary right not involved in the 2015 action. Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. Or maybe they did include end bearing capacity but didnt realize that the piles would end up 95 feet deep, just 5 feet above deepest exploration depth? GRANTED, contingent on service on the State Bar. Westside Today SMart (Santa Monica Architects for a Responsible Tomorrow) Last week's column was Part 1. and the proceeding . Zachary however was later dismissed from the lawsuit. "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 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. The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. 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 . According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. 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. 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. Code of Civ. 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. The HOA could seek to enforce the purchase agreements, even if plaintiff did not allege defendants misused their positions as HOA directors. Construction activity ceased immediately because of the public safety risk and potential for partial collapse. 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. ], Punitive damages may not be granted in an action based on breach of contract, even if the defendants breach was willful or fraudulent., Michael Eggenberger, a member of the New York State Bar, applies for admission, Pursuant to California Rules of Court 9.40, an application for appearance. 0000231229 00000 n And anyone who challenges him is immediately sued," she said. 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. Proc. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. "Prestige property at 201 Ocean Ave. has completed three years of litigation". Clients VS JOHN SPAHI, ET AL. 54 0 obj <>stream The podium of the building was a large parking garage with the homes beginning at 55 feet (17m) above sea level. Lakeland faces 2 lawsuits for denial of controversial cell towers CRAIG T. KOJIMA / CKOJIMA@STARADVERTISER.COM. The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . The judge is Judge Lisa Hart Cole, not Marian Kohl. In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. Welcome to the website of the Digital Media Law Project. Michael Eggenberger, a member of the New York State Bar, applies for admission pro hac vice as counsel for defendants Windsor Ocean Inc. and John Spahi. RABA-KISTNER CONSULTANTS, INC. v. OCEAN TOWER, L. P. AND ANTUN T. DOMIT The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. Copyright 2023. 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. 0000009432 00000 n Owners of more than 200 units filed individual actions and a putative class action was filed on behalf of the remaining unit owners. . Court's Privacy Ruling Break the Internet? In a hearing conducted on June 13, Los Angeles Superior Court Judge Marian Kohl said that she was inclined to appoint a receiver. In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. The lawsuit has nothing at all to do with these allegations. his wife, Maria. The completed building would stand 445 feet (136m) tall and be one of the tallest structures in the Rio Grande Valley. Code of Civ. In a hearing conducted on June 13, Los Angeles Superior Court Judge Lisa Hart Cole said that she was inclined to appoint a receiver. 0000137496 00000 n 0000140158 00000 n trailer <<62DD41D1A9AC4D93B41AD3F841D72D45>]/Prev 870850>> startxref 0 %%EOF 124 0 obj <>stream 0000010694 00000 n Tree of Life Memorial In Palisades Park Celebrates Life of Marissa Rubin, Wife of Jerry Rubin. "The banks will not finance it and no one wants to buy into a lawsuit. [12][13], Any materials that could be recycled or resold, including fixtures and fittings, steel, flooring, and windows, were removed from the building before demolition. The language does not affirmatively state any of the identified categories exists but is a broad denial that neither defendant nor anyone associated with defendant harmed plaintiff. %PDF-1.5 % The court granted final approval of the proposed settlement in the class action on August 7, 2020. Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, VS KB VISION FOUNDATION, ET AL. These easy peasy blog commenting tips will drive mad traffic to your blog. I don't know whose 2 signatures were on the Raba report, but i would never hire these guys to be geotechs on my projects. *******0918. 0000007695 00000 n 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. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. 0 [2], Construction was halted in the summer of 2008. A motion for sanctions brought for an improper purpose shall itself be subject to a motion for sanctions. Cal. ] Cal. ), TJPA reaches global settlement in Millennium Tower litigation. Description. 1332 Diversity-Product Liability. 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. I'm happy to meet with you in person to discuss all the relevant facts. 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. Can check for updates at the LA Superior Court link above. 0000006977 00000 n We attempted to purchase a foreclosed unit that was precious owned by John Spahi. 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. ;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 . 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. 0000262322 00000 n 0000010806 00000 n While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. Ocean Towers provides financial statements every year to show ALL distribution of fund. 0000005493 00000 n 2. " Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. However, different primary rights are at stake here versus the other action. Copyright 2023. 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.. I'm happy to . The appeals court affirmed the ruling on essentially the same grounds. hb```f``R``b``cg@ ~3I6iDXt!5]AE"34Et'q{1q{(9:iF b>@ QDI I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). 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. Code of Civ. LA COURT CONNECT IS NOW AVAILABLE. It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. The court also explicitly rejected the "interest" privilege, which Stone argued had not been addressed in the trial court. 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. 0000184153 00000 n The nearby Texas Park Road 100 was closed on safety grounds just before the building was set to be razed. Century City-Westwood News There is no Misappropriation of Funds, and John Spahi is not the CEO, for starters. The original action was converted to a direct action by the HOA in 2019. Donald Trump has settled a lawsuit with more than 100 would-be condo buyers who lost millions of dollars when a Trump-branded luxury condominium project in Baja . Cancellation and Refund Policy, Privacy Policy, and HAPI FOUNDATION, ET AL. In August 2019, the parties informed the court that a tentative and conditional global settlement was agreed upon. 'Leaning tower of South Padre' to be torn down - Chron Venice Although the 2015 action and this action are based on different primary rights and legal theories, they both arise out of a substantially similar factual nexus and seek damages based on litigation expenses in the bank lawsuits. Follow us on Twitter. Proc. 0000007824 00000 n 0000210744 00000 n 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. Breach of Contract; and 3. Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues, Hear Ye, Hear Ye! Legal To Wear? - News of South Padre It was nicknamed "Faulty Towers" and "The Leaning Tower of South Padre Island". The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. The truthfulness and accuracy of such information is likely to be in dispute. Donald Trump settles lawsuit over Baja condo resort that went bust 23. The Retro-style Diner Will Open Shop Back Up on Wilshire Boulevard and Expand Into the Old Vienna Bakery Space. The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. The prior demurrer ruling does not require denial of this motion. 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. Column: Reusing Buildings for the Benefit of All, Column: SB 9 Ended R-1 Zoning, but Its Not Meeting Goals. 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[. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. 0000010374 00000 n 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;}. 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. Defendant claims the primary issue in the ongoing 2015 lawsuit is the HOAs right to be free from injury caused by Spahis alleged scheme to purchase units at a discount. There is a substantial danger that, if the lawsuits proceed separately, the courts could reach conflicting (or redundant) decisions regarding those damages. 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. Finally, plaintiff argues defendant wrongfully designated Omar Spahi as Windsors PMQ and made false representations in interrogatory responses. [9] Soon after, the building became known as the "leaning tower of South Padre" and was viewed as a looming eyesore.[6][10]. Island spokesman Dan Quandt described the event as "a very good short-term economic boost for South Padre Island". 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. HomeClassifiedsDirectoryAboutContactAdvertise. Case Number: *******0918 Hearing Date: July 31, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al., Case No. 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. will keep Verizon from solving a "significant gap in its coverage," triggering . Cal. 2022-06-10, Los Angeles County Superior Courts | Contract |