Proc. 0000010374 00000 n Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. The . Relief Based on Rescission; 2. A primary right is the right to be free from a particular injury, regardless of the legal theory on which liability for the injury is based. Gillies v. J.P. Morgan Chase Bank NA (2017) 7 Cal.App.5th 907, 914. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. 0000210744 00000 n However, different primary rights are at stake here versus the other action. Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. 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. This place is a mess and we are so greatful that our escrow never closed. While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. Breach of Contract; and 3. 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. Filed: April 28, 2023 as 2:2019cv06106. Case No. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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[. The prior demurrer ruling does not require denial of this motion. %PDF-1.5 % 0000010694 00000 n 2022-02-14, California Courts Of Appeal | Other | 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. Can check for updates at the LA Superior Court link above. Lakeland faces 2 lawsuits for denial of controversial cell towers 0000004747 00000 n Nope! STIPULATED JUDGMENT. This man controlled who was able to buy and sell in his building. Cal. The Domits' company received approximately $3.5 million from the settlement. 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. Proc. Ocean Towers Has Been Falsely Portrayed, Reports One Homeowner 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. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. 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? 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. 0000140158 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. 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. The Pride LA We also share information about your use of our site with our social media, advertising and analytics partners. In a hearing conducted on June 13, Los Angeles Superior Court Judge Marian Kohl said that she was inclined to appoint a receiver. ;128.7. A trial court reportedly dismissed the lawsuit. 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.". . Cal. 0 I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). 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. I'm happy to meet with you in person to discuss all the relevant facts. "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. SMart (Santa Monica Architects for a Responsible Tomorrow) Last week's column was Part 1. 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. She did not make any such comments about misappropriation of funds. "That $11 million has never been accounted for," one resident told us. RABA-KISTNER CONSULTANTS, INC. v. OCEAN TOWER, L. P. AND ANTUN T. DOMIT The judge appointed attorney David Calvillo as receiver over the couple's community prop-erty. 0000002075 00000 n hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. 0000003831 00000 n [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. . 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 original action was converted to a direct action by the HOA in 2019. 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. ge9O^Vr|9o+tE@sDkth%U&8ViY?=eI(ekTj17Z78]/b,?u:N}(kaYC9fh31]2zg()M In a hearing conducted on June 13, Los Angeles Superior Court Judge Lisa Hart Cole said that she was inclined to appoint a receiver. Zachary however was later dismissed from the lawsuit. Code of Civ. SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. ;128.7 (g). This caused increasing levels of damage to the structural system due to load redistribution and overload of structural elements. Or maybe Raba did not analyze "group pile" settlement models? Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . ), TJPA reaches global settlement in Millennium Tower litigation. Why is this public record being published online? This is all false, none of this has been alleged in any formal document in the case pending. Los Angeles County Superior Courts | Property | *******0918, Plaintiffs Ex Parte Application for Appointment of Receiver. Dont Miss Your Last Chance to Experience CORTEO by Cirque du Soleil! ClassifiedsDirectoryAboutContactAdvertise, Prestige property at 201 Ocean Ave. has completed three years of litigation. " 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." . 0000210630 00000 n HAPI FOUNDATION, ET AL. Stone appealed to California's Second Appellate District. Public Records Policy. 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. Defendants argue Spahi was not a party to the purchase agreements. Thus, the bank could not sell us the unit. 0000010581 00000 n 2021-06-22. To read this as a knowing misrepresentation under ;128.7 would require a narrow, counterintuitive reading. The 5AC contains several new allegations related to stolen units, which are nearly identical to claims in the current action. Other parties who were brought into this litigation include parties involved in the design and construction of the Millennium Tower, the Transit Center, and two other nearby projectsthe Sales Force Tower and a project at 350 Mission. When courts apply sanctions, they are generally to be imposed in an incremental approach, with terminating sanctions being the last resort. Dept. [3] The building was designed to withstand extreme winds with three massively reinforced core walls. Code of Civ. (All Cash) Because the board was totally controlled by Spahi he would not approve our application for the co-op. Spahi demurs to plaintiffs three causes of action, arguing the claims alleged must have been brought in the 2015 lawsuit due to the primary right doctrine. ;128.7(b)(1), (4). [2], Last edited on 30 November 2022, at 11:13, List of tallest voluntarily demolished buildings, "An Engineer's Nightmare Ocean Tower, South Padre Island | the blog of rio akasaka", "Zachry company building luxury high-rise on South Padre Island", "Leaning South Padre tower turned into 55,000 tons of debris", "Tallest Building Demolitions in the World", "No Second Shot: Saying Goodbye to the Leaning Tower of South Padre Island | Swamplot", "Ocean Tower Highrise Oceanfront Condominiums South Padre Island", "South Padre Leaning Highrise Tower to be demolished in December 13th", https://en.wikipedia.org/w/index.php?title=Ocean_Tower&oldid=1124767533, Padre Boulevard across SPI Convention Center, This page was last edited on 30 November 2022, at 11:13. Millennium Tower Litigation Settled, Engineering Upgrade of Building to People ex. If you are interested, please contact us for more details. 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. 4. 0000008359 00000 n DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. Copyright 2007-22 Digital Media Law Project and respective authors. Id. 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. South Padre Island's Ocean Tower Highrise Condo To Be Imploded The appeals court affirmed the ruling on essentially the same grounds. ], 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. OVERRULED as to the second and third causes of action but SUSTAINED without leave to amend as to the first cause of action. (916 . Transbay Joint Powers Authority (TJPA), et al. The notice of related cases was denied without prejudice. 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. . This action is stayed pending the outcome of the 2015 action. U.S. BANK, N.A. v. OCEAN TOWERS HOUSING CORPORATION - Leagle In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. . ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. 0000005896 00000 n 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. Defendant seeks sanctions against plaintiff, arguing this motion was brought for an improper purpose. [2], Construction was halted in the summer of 2008. 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. 0000007669 00000 n Ocean Towers is a 317-unit luxury cooperative apartment building high-rise located at 201 Ocean Avenue. . 3. " DENIED. GRANTED, contingent on service on the State Bar. 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. Enjoy luxury . Proc. 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. 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 . 11/15/2019: Objection - AMENDED OBJECTIONS TO PLAINTIFF'S NOTICE OF DEPOSITION OF PERSON MOST QUALIFIED AT DEFENDANT WINDSOR OCEAN, INC. 11/13/2019: Declaration - DECLARATION OF HERBERT NACION RE: PAYMENT AND SUBMISSION OF PRO HAC VICE APPLICATION TO STATE BAR OF CA, 11/13/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; DEFENDANT JOHN SPAHI'S DEMURRER -), 11/5/2019: Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT, 11/5/2019: Reply - DEFENDANT JOHN SPAHIS REPLY IN SUPPORT OF HIS REQUEST FOR JUDICAL NOTICE, 11/5/2019: Request for Judicial Notice - DEFENDANT JOHN SPAHIS SECOND REQUEST FOR JUDICAL NOTICE IN SUPPORT OF DEFENDANTS JOHN SPAHIS DEMURRER TO THE FIRST AMENDED COMPLAINT, 11/5/2019: Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT, 10/18/2019: Request for Entry of Default / Judgment, 10/22/2019: Request for Entry of Default / Judgment, 10/28/2019: Objection - OBJECTION TO DEFENDANT JOHN SPAHI'S REQUEST FOR JUDICIAL NOTICE FILED IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT, 10/28/2019: Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S DEMURRER TO THE FIRST AMENDED COMPLAINT, 10/28/2019: Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S MOTION TO STRIKE PUNITIVE CLAIM FROM FIRST AMENDED COMPLAINT, 10/15/2019: Response - RESPONSE TO PLAINTIFF OCEAN TOWERS HOUSING CORPORATION'S EX PARTE APPLICATION FOR AN ORDER CONTINUING HEARING DATE), 10/15/2019: 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, Hearing01/22/2020 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference, DocketAmended Objections to Plaintiff's Notice of Deposition of Person Most Qualified at Defendant Windsor Ocean, Inc.; Filed by Windsor Ocean, Inc. (Defendant), DocketNotice of Ruling; Filed by Ocean Towers Housing Corporation (Plaintiff), Docketat 08:30 AM in Department P; Case Management Conference - Held - Continued, Docketat 08:30 AM in Department P; Hearing on Motion to be Admitted Pro Hac Vice - Held - Motion Granted, Docketat 08:30 AM in Department P; Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held - Motion Granted, DocketMinute Order ( (Case Management Conference; Defendant John Spahi's Demurrer -)); Filed by Clerk, DocketDeclaration (of Herbert Nacion re: Payment and Submission of Pro Hac Vice Application to State Bar of CA); Filed by John Spahi (Defendant), Docketat 08:30 AM in Department R, Marc D. Gross, Presiding; Case Management Conference - Not Held - Vacated by Court, DocketJOHN 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), DocketAnswer; Filed by Windsor Ocean, Inc. (Defendant), DocketProof of Personal Service; Filed by Ocean Towers Housing Corporation (Plaintiff), DocketFirst Amended Complaint For: 1. 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. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event. TAHER SPAHI, ET AL. In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. "there is sufficient evidence to show misappropriation of funds," she said." hb```f``R``b``cg@ ~3I6iDXt!5]AE"34Et'q{1q{(9:iF b>@ QDI 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. Transbay Joint Powers Authority (TJPA), et al. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. 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. In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . . 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. Also alleged: the firm stated the units owned by Spahi and his family were about to be auctioned off in bankruptcy court. If the conditions for exclusive concurrent jurisdiction exist, the issuance of a stay order is a matter of right. People ex rel Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 772. Type: Other Statutes Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. Additionally, a notice of related cases does not have estoppel effect. ] Cal. 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. 0000002989 00000 n Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. 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.
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