[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. Westside Today At the time of its controlled implosion in December 2009 the building weighed 55,000 short tons (50,000t), and it was the tallest reinforced concrete structure to be demolished in that way. Proc. Courts determining whether a court has exclusive concurrent jurisdiction apply an expansive subject matter test which considers whether the two actions arise from the same transaction. Plant Insulation Co. v. Fireboard Corp. (1990) 224 Cal.App.3d 781, 789. Venice The proclamation read 'The very . The HOA could seek to enforce the purchase agreements, even if plaintiff did not allege defendants misused their positions as HOA directors. According to filings in the case, in a posting on his website The Ocean View, Stone accused Ocean Towers of using company funds to finance a loan for a board member's nephew. 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 inches and is tilting as much as 20 inches. Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. DALE S. FISCHER, District Judge.. 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. 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. 0000007824 00000 n The judge is Judge Lisa Hart Cole, not Marian Kohl. 0000004091 00000 n And the best part of all, documents in their CrowdSourced Library are FREE! 0000010410 00000 n 0000001976 00000 n "Prestige property at 201 Ocean Ave. has completed three years of litigation". I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). 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. Code of Civ. The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. 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. Code of Civ. On October 7, 2020, the court entered an order finding all conditions to be met and the global settlement to be final and effective. 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. In November 2008. The Domits' company received approximately $3.5 million from the settlement. ;128.7 by stating in its answer answering Defendant denies that Plaintiff has or will sustain any damage or loss by reason of any act or omission of this answering Defendant, or its agent, employees, servants, officers, directors, shareholders, representatives or otherwise. Plaintiff argues this constitutes a representation that defendant has employees . Ocean Towers Housing Corporation Vs Seif Ascar As the Trustee of The ocean tower lawsuit outcome. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Thirteenth District Decisions 2010 RABA-KISTNER CONSULTANTS, INC. v. OCEAN TOWER, L. P. AND ANTUN T. DOMIT--Appeal from 357th District. 2021-06-25, California Courts Of Appeal | Other | Additionally, Spahi argues the statute of limitations bars the first and third causes of action. These easy peasy blog commenting tips will drive mad traffic to your blog. Code of Civ. 0000003831 00000 n 0000144111 00000 n ;128.7(b)(1), (4). TJPA reaches global settlement in Millennium Tower litigation - Jones Day 0000005000 00000 n . Judicial Foreclosure; Filed by Ocean Towers Housing Corporation (Plaintiff); Ocean Towers Housing Corporation (Plaintiff), Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk, Civil Case Cover Sheet; Filed by Ocean Towers Housing Corporation (Plaintiff), Complaint; Filed by Ocean Towers Housing Corporation (Plaintiff), Summons (on Complaint); Filed by Ocean Towers Housing Corporation (Plaintiff), Notice of Case Assignment - Unlimited Civil Case; Filed by Clerk, Notice of Case Management Conference; Filed by Clerk. Q8TVcqJpb8w`zE[k*F;7IeP$qE7MdvPbMnbfuIbR + d[ylmB*[$[$derXF- There is no Misappropriation of Funds, and John Spahi is not the CEO, for starters. Why is this public record being published online? 0000005493 00000 n In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. STIPULATED JUDGMENT. 2021-06-22. Ocean Tower accuses the firms of fraud and/or gross negligence and is seeking $125 million in damages. 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 parties subsequently drafted, negotiated and executed a series of settlement documents. "That $11 million has never been accounted for," one resident told us. It was nicknamed "Faulty Towers" and "The Leaning Tower of South Padre Island". endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream 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. [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. The original action was converted to a direct action by the HOA in 2019. Plaintiff may amend to allege the date of the alleged repudiation. Case law states exclusive concurrent jurisdiction applies to conflicting adjudications of the same subject-matter by different departments of one court., The two cases do involve different defendants, different causes of action and different primary rights. "The banks will not finance it and no one wants to buy into a lawsuit. 0000003246 00000 n Ct. San Francisco Cty., Cal. 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. She continued the hearing to June 27 and recommended that the two parties, John Spahi and Michael Reach, attempt to settle their dispute. 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. Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. 0000231229 00000 n On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. 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). In August 2019, the parties informed the court that a tentative and conditional global settlement was agreed upon. Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. On 05/13/2019 OCEAN TOWERS HOUSING CORPORATION filed a Contract - Other Contract lawsuit against SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST,. The following is just some of the information that is false. "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. In August 2009, while the divorce remained pending, the Ocean Tower Lawsuit settled. Proc. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. Breach of Contract; and 3. ;128.7. I think 401 16-inch diameter auger-cast piles were revealed to be under the hi-rise building footprint. A trial court reportedly dismissed the lawsuit. 05/15/2009 - According to the case summary (search "BC359619"), the case was dismissed by the plaintiff without prejudice. 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. Joe Orlando was his henchman. ;128.7(h). The Judge overseeing this case is MARC D. GROSS. Court's Privacy Ruling Break the Internet? Subscribe to our newsletter to receive the latest news and events in Santa Monica and the surrounding areas! Breach of Contract; and 3. Cal. Additionally, a notice of related cases does not have estoppel effect. Investors sue developer of 2 planned Honolulu condo towers 0000002989 00000 n Copyright 2023. This man controlled who was able to buy and sell in his building. 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. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. C4D~5}5?&R o*@RA?CJ$^S[sn 1ka8Yg/{Q~=Lx(:s>M\7?W Kt It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. Section 128.7 does not apply to disclosures and discovery requests, responses, objections, and motions. Cal. 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.. The . A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. Cases, Dockets and Filings in New Jersey Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . 0000010581 00000 n hbbd``b`j@ H0G @H L@ 3 The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . July 10, 2008 - 5:40PM. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. BC359619 (Superior Ct.); B198657 (Appellate). The podium of the building was a large parking garage with the homes beginning at 55 feet (17m) above sea level. OCEAN TOWERS HOUSING CORPORATION VS SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST, ET AL. We also share information about your use of our site with our social media, advertising and analytics partners. 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. GRANTED. The second two causes of action are based on a primary right not involved in the 2015 action. Defendants argue plaintiff was aware of defendants alleged fraudulent scheme by May 2015 at the latest. Owners of more than 200 units filed individual actions and a putative class action was filed on behalf of the remaining unit owners. 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. If you do not agree with these terms, then do not use our website and/or services. Id. 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. Type: Other Statutes Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. We tried buying other condo units there and kept getting rejected from the coop also. The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. . . Plaintiffs sued the tower's developer and adjacent property owners, including Jones Day's client, TJPA. 0000002573 00000 n HAPI FOUNDATION, ET AL. 0000010374 00000 n Ocean Tower - Wikipedia The HOA filed a fifth amended complaint (5AC) in the original action on October 16, 2019. ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. . The notice of related cases was denied without prejudice. 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. Palisades News. 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[. https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. "there is sufficient evidence to show misappropriation of funds," she said. 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. Construction activity ceased immediately because of the public safety risk and potential for partial collapse. Published March 2, 2018. PDF Pro se litigants in the code of judicial conduct - NCSC *******0918. According to filings in the case, in a posting on his website The Ocean View, Stone accused . 0000010694 00000 n 0000140158 00000 n 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. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. Ocean Tower Failure Analysis South Padre Island Texas 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. PDF EFORE THE STATE COMMISSION ON JUDICIAL CONDUCT - Texas Copyright 2007-22 Digital Media Law Project and respective authors. [6], The developers have filed a $125 million lawsuit against geotechnical engineering firm Raba-Kistner Engineering and Consulting of San Antonio and structural engineers Datum Engineers of Austin and Dallas. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. at 788. 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. No sanctions will be awarded against either party. Welcome to the website of the Digital Media Law Project. I'm happy to . 0000262322 00000 n 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. 0000089433 00000 n Stone appealed to California's Second Appellate District. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. Legal To Wear? - News of South Padre [3] The building was designed to withstand extreme winds with three massively reinforced core walls. ;128.7 (g). Case law states exclusive concurrent jurisdiction applies to conflicting adjudications of the same subject-matter by different departments of one court. Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449. 0000009967 00000 n If you'd like to subscribe to additional lists, please select any here! Plaintiff argues the two actions involve different primary rights. The lawsuit has nothing at all to do with these allegations. Additionally, the 5AC contains new allegations regarding damages stemming from bank lawsuits that were not operative when the demurrer was decided. It Is the Second Consecutive Year the Hotel Was Recognized by the Awards. 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 spokesman Dan Quandt described the event as "a very good short-term economic boost for South Padre Island". Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. 0000184153 00000 n 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. 0000074857 00000 n 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. 0000008359 00000 n There is a substantial danger that, if the lawsuits proceed separately, the courts could reach conflicting (or redundant) decisions regarding those damages. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. Code of Civ. 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. 3. " According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. VS JOHN SPAHI, ET AL. 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. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. 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. In June 2008, Domit filed a lawsuit to recover damages from the failed Ocean Tower develop-ment project in which one of his companies was involved. [9] Soon after, the building became known as the "leaning tower of South Padre" and was viewed as a looming eyesore.[6][10]. 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. Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation GRANTED. In late 2009 the owner hired Controlled Demolition Inc to start planning the implosion of the building since it was too costly and impractical to try and repair the structure, much less get anyone to move in considering the stigma now associated with the building. They reassured them "Your unit will be delivered, and the building will be stronger and safer than ever", stating that completion of the construction would be delayed by "6 to 9 months". 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. NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. 0000026701 00000 n SC124263 (the original action) pending in Dept. This action is stayed pending the outcome of the 2015 action. Code of Civ. 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. Los Angeles County Superior Courts | Property | 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. 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. 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.. ocean tower lawsuit outcome 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 . To read this as a knowing misrepresentation under ;128.7 would require a narrow, counterintuitive reading. Based on the investigation findings, the tower was imploded before construction completion. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. 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. Finally, plaintiff argues defendant wrongfully designated Omar Spahi as Windsors PMQ and made false representations in interrogatory responses. The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. Zachary however was later dismissed from the lawsuit. Century City-Westwood News DENIED. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. RABA-KISTNER CONSULTANTS, INC. v. OCEAN TOWER, L. P. AND ANTUN T. DOMIT 2022-02-14, California Courts Of Appeal | Other | 2022-12-22, Los Angeles County Superior Courts | Property | assigned for hearing and determination to one department of the superior court by the presiding judge . 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. Proc. 2022-06-10, Los Angeles County Superior Courts | Contract | He never had to pay the fees! 0000007669 00000 n Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. [11][5] By this time more than 100 of the condominiums had been sold. If you are interested, please contact us for more details. The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009. 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. Defendants argue Spahi was not a party to the purchase agreements. Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. 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 2022-09-02, Los Angeles County Superior Courts | Property |
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