33 0 obj <> endobj CGC-16-553758 (Super. Copyright 2023. Did that happen? I remember when I started blogging a few months ago; I would put in a lot of effort into writing good quality articles, post them on my blog and somehow expect the comments to start pouring in. 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. 0000001296 00000 n Additionally, the 5AC contains new allegations regarding damages stemming from bank lawsuits that were not operative when the demurrer was decided. 0000009967 00000 n 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. Ocean Towers Housing Corporation Vs Seif Ascar As the Trustee of The Some Federal Courts Post Audio Recordings Online, Service and Research at the Frontier of Media Law, DMLP Announcement: Live Chat Session on Tax-Exempt Journalism (UPDATED), A New Approach to Helping Journalism Non-Profits at the IRS. Saturday, October 10, 2009 Ocean Tower Settlement and Implosion In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . Plaintiffs Motion for Sanctions against Windsor Housing, Inc. Further, the court found that Stone may have had malice in publishing the disputed statement. 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[. 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. And anyone who challenges him is immediately sued," she said. The original action was converted to a direct action by the HOA in 2019. 0000262322 00000 n Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". ], 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. 0000004091 00000 n TAHER SPAHI, ET AL. Ocean Towers is a 317-unit luxury cooperative apartment building high-rise located at 201 Ocean Avenue. 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. In 2008 construction was halted when large cracks were observed in parking garage walls and in beams in the hi-rise. Copyright 2007-22 Digital Media Law Project and respective authors. Code of Civ. Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. Owners of more than 200 units filed individual actions and a putative class action was filed on behalf of the remaining unit owners. Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. 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). Can check for updates at the LA Superior Court link above. 0000004747 00000 n "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. [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. . 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. 0000074857 00000 n Judicial Foreclosure; Filed by Ocean Towers Housing Corporation (Plaintiff); Ocean Towers Housing Corporation (Plaintiff), DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk, DocketCivil Case Cover Sheet; Filed by Ocean Towers Housing Corporation (Plaintiff), DocketComplaint; Filed by Ocean Towers Housing Corporation (Plaintiff), DocketSummons (on Complaint); Filed by Ocean Towers Housing Corporation (Plaintiff), DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk, DocketNotice of Case Management Conference; Filed by Clerk, Case Number: *******0918 Hearing Date: August 07, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al. The nearby Texas Park Road 100 was closed on safety grounds just before the building was set to be razed. 2022-03-17, Los Angeles County Superior Courts | Property | OCEAN TOWER LAWSUIT: Full text. officers, directors, shareholders, when Windsor knew it had none. Shore Hotel Takes Grand Prize in Environmental Award, Former UCLA Gynecologist Sentenced to 11 Years for Sexual Misconduct, Santa Monica To Pay $122M in Sexual Abuse Settlement Against Former Employee, SMa.r.t. 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. http://texasgeotechnicalengineer.blogspot.com/2010/01/ocean-tower-implosion-photos.html, https://www.fiverr.com/seoservice35/make-390-dofollow-backlinks-manually-blog-comments-low-obl. 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. it is beyond the jurisdictional authority of. Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. TJPA reaches global settlement in Millennium Tower litigation - Jones Day Mr. Eggenberger fulfilled the requirements of CRC 9.40 and the application. 0000134847 00000 n 0000005000 00000 n The original action was converted to a direct action by the HOA in 2019. 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. Hunter, Superior Court of Los Angeles County; California Court of Appeal, Second Appellate District, No. It Is the Second Consecutive Year the Hotel Was Recognized by the Awards. 2022-06-10, Los Angeles County Superior Courts | Contract | In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. According to filings in the Heyman Densmore,;Roger P. Heyman; James K.T. He straight out explained to us that the above was the reason that we were not getting approved. 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 . 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. However, different primary rights are at stake here versus the other action. The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009. Defendant seeks sanctions against plaintiff, arguing this motion was brought for an improper purpose. endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream Case Number: *******0918 Hearing Date: July 31, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al., Case No. Palisades News. P, Ocean Towers Housing Corporation v. John Spahi et al., Case No. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. Proc. FAC at 47, 52. 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. The litigation is still on-going and the matter has not been adjudicated fully yet. . 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. Plaintiffs sued the tower's developer and adjacent property owners, including Jones Day's client, TJPA. The complaint does not state when defendants allegedly repudiated their obligation to indemnify. The parties subsequently drafted, negotiated and executed a series of settlement documents. LA COURT CONNECT IS NOW AVAILABLE. This action will be stayed pending the outcome of the original action. 0000005896 00000 n "there is sufficient evidence to show misappropriation of funds," she said." 0000007824 00000 n Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. HAPI FOUNDATION, ET AL. 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. issue of direct and immediate concern. 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. 0000230961 00000 n Additionally, a notice of related cases does not have estoppel effect. 23. GRANTED. 0000010694 00000 n Ct. San Francisco Cty., Cal. 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. 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. I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). 0000006486 00000 n "That $11 million has never been accounted for," one resident told us. The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. 0000010374 00000 n Pitmaster/Chef Kevin Bludso To Open Barbecue in Santa Monica, Elizabeth McGovern Lights Up The Stage in Ava The Secret Conversations, Film: MAFIA MAMMA Fun Film With Great Setup And Lead Actresses, Ingos Tasty Diner To Reopen in Santa Monica. 0000002989 00000 n 0000184153 00000 n According to the ruling, representatives of Isen Investments allegedly began defaming Spahi and conspiring to deflate the value of his real estate holdings after Spahi had filed for Chapter 11 bankruptcy protection in December 2009. Ocean Towers Housing Corp., the owner of an apartment building in Santa Monica, California filed a defamation lawsuit against one of its tenants Richard Stone, who accused the company of breaching its fiduciary duty to its shareholders. 0000089433 00000 n 0000043094 00000 n Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! Ocean Towers provides financial statements every year to show ALL distribution of fund. [6][7][8] The official explanation was that the parking garage and the tower were mistakenly built connected, forcing the weight down upon the garage instead of on the tower's core. Or maybe they did include end bearing capacity but didnt realize that the piles would end up 95 feet deep, just 5 feet above deepest exploration depth? "there is sufficient evidence to show misappropriation of funds," she said. C4D~5}5?&R o*@RA?CJ$^S[sn 1ka8Yg/{Q~=Lx(:s>M\7?W Kt Cal. PDF Pro se litigants in the code of judicial conduct - NCSC The two cases do involve different defendants, different causes of action and different primary rights. Both surviving causes of action are based on an alleged breach of written purchase agreements subject to a four-year statute of limitations. These easy peasy blog commenting tips will drive mad traffic to your blog. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. 0000305624 00000 n Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . The court granted final approval of the proposed settlement in the class action on August 7, 2020. Finally, one place to get all the court documents we need. has not been finally disposed of . 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. 0000119652 00000 n Also alleged: the firm stated the units owned by Spahi and his family were about to be auctioned off in bankruptcy court. Therefore, under. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. "The banks will not finance it and no one wants to buy into a lawsuit. *******0918, Demurrer and Motion to Strike Portions of the First Amended Complaint, Motion for Admission as Counsel Pro Hac Vice. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. Ocean Towers Housing v. Stone | Digital Media Law Project - DMLP The judge is Judge Lisa Hart Cole, not Marian Kohl. BC359619 (Superior Ct.); B198657 (Appellate). 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[. If you are interested, please contact us for more details. Plaintiff may amend to allege the date of the alleged repudiation. . The HOA filed a fifth amended complaint (5AC) in the original action on October 16, 2019. In August 2009, while the divorce remained pending, the Ocean Tower Lawsuit settled. 0000003831 00000 n 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. 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 first cause of action seeks to rescind the purchase agreements for the stolen units because consent to the agreements was obtained through duress, menace, fraud, and undue influence. FAC at 34. The court also explicitly rejected the "interest" privilege, which Stone argued had not been addressed in the trial court. Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. Spahi argues new allegations in the 5AC mandate this case be stayed under the rule of exclusive concurrent jurisdiction. 75 0 obj <> endobj xref 75 50 0000000016 00000 n [10] At 9am on December 13, 2009, the building was imploded by Controlled Demolition, Inc. By the time it fell the building weighed 55,000 short tons (50,000t) and is reported to be the tallest and largest reinforced concrete structure ever imploded. 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. 0000006977 00000 n . 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. 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.". 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. 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[. Century City-Westwood News 0000210630 00000 n 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. Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. [11][5] By this time more than 100 of the condominiums had been sold. 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. Defendant seeks to stay this action, arguing the 2015 action seeks to recover litigation fees and expenses incurred in the bank lawsuits, while the instant action seeks contractual indemnification of the same fees and expenses. The truthfulness and accuracy of such information is likely to be in dispute. If you'd like to subscribe to additional lists, please select any here! There is a substantial danger that, if the lawsuits proceed separately, the courts could reach conflicting (or redundant) decisions regarding those damages. CRESTWOOD HILLS ASSOCIATION VS JON M. LEADER, ET AL. GRANTED. 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. [6], After a month of structural testing the construction of Ocean Tower began on April 5, 2006. Punitive damages may not be granted in an action based on breach of contract, even if the defendants breach was willful or fraudulent. Crogan v. Metz (1956) 47 Cal.2d 398, 405. 0000137496 00000 n %%EOF 0000001976 00000 n 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. The two cases are being heard by different departments within a single superior court. Motion to Strike Punitive Damages Allegations. 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 54 0 obj <>stream The notice of related cases was denied without prejudice. ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. It appears that a settlement was reached. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. Regarding the demurrer, the primary right doctrine at issue in that ruling is distinct from the exclusive concurrent jurisdiction doctrine at issue here. Proc. The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens.