. No sanctions will be awarded against either party. 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 ] Cal. Falk v. Childrens Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1469 fn. The podium of the building was a large parking garage with the homes beginning at 55 feet (17m) above sea level. 0000144111 00000 n 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. [2], Construction was halted in the summer of 2008. FAC at 47, 52. Spahi v. Superior Court of Los Angeles County et al. The following is just some of the information that is false. I'm happy to . Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. 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 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. . Ocean Towers Housing Corporation Vs Seif Ascar As the Trustee of The HomeClassifiedsDirectoryAboutContactAdvertise. 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. Cancellation and Refund Policy, Privacy Policy, and ;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 . 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[. his wife, Maria. [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. Code of Civ. 0000210744 00000 n Further, the court found that Stone may have had malice in publishing the disputed statement. 33 0 obj <> endobj To read this as a knowing misrepresentation under ;128.7 would require a narrow, counterintuitive reading. Cal. 0000001296 00000 n BC359619 (Superior Ct.); B198657 (Appellate). 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. Calvillo immediately took control of the Ocean Tower settlement proceeds and placed them in a "Receivership Account" at Inter National Bank. 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. Island Breeze. 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. 0000314725 00000 n 0000007824 00000 n Ocean Tower accuses the firms of fraud and/or gross negligence and is seeking $125 million in damages. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. DEAN ZANDER VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION, ET AL. hXrH}+Q$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(. 0000001976 00000 n 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. 75 0 obj <> endobj xref 75 50 0000000016 00000 n However, different primary rights are at stake here versus the other action. Judge Will Appoint Receiver Over Ocean Towers - Santa Monica Observer 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. ), TJPA reaches global settlement in Millennium Tower litigation. Pursuant to California Rules of Court 9.40, an application for appearance pro hac vice must be served on all parties who have appeared in the cause and on the State Bar of California at its San Francisco Office. Plaintiffs argument is unavailing, and Dept. Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. Subscribe to our newsletter to receive the latest news and events in Santa Monica and the surrounding areas! The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. 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. We tried buying other condo units there and kept getting rejected from the coop also. 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.. Nope! %PDF-1.5 % 2022-03-17, Los Angeles County Superior Courts | Property | 2022-09-02, Los Angeles County Superior Courts | Property | 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. The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. 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. 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. 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.". Donald Trump settles lawsuit over Baja condo resort that went bust Proc. Yo! Id. Services: Failure Analysis / Structural Assessment and Strengthening / Litigation Support. The nearby Texas Park Road 100 was closed on safety grounds just before the building was set to be razed. 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 0000002989 00000 n ocean tower lawsuit outcome 0000134847 00000 n 0000004091 00000 n Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. We attempted to purchase a foreclosed unit that was precious owned by John Spahi. This is all false, none of this has been alleged in any formal document in the case pending. 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. 0000005896 00000 n Proc. A lone drill rig sits at the stalled construction site for Hawaii City Plaza at 730 Sheridan St. Prev Next. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. Palisades News. He was a walking threatening lawsuit machine. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. Finally, Spahi argues the second cause of action fails because he was not a party to the relevant contracts. Transbay Joint Powers Authority (TJPA), et al. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. %PDF-1.5 % Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation Proc. 0000184083 00000 n Ocean Towers Has Been Falsely Portrayed, Reports One Homeowner 4. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. 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. Id. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. 0000006977 00000 n hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. 05/15/2009 - According to the case summary (search "BC359619"), the case was dismissed by the plaintiff without prejudice. Plaintiffs Motion for Sanctions against Windsor Housing, Inc. Additionally, Spahi argues the statute of limitations bars the first and third causes of action. The court agrees that some (but not all) of the claims alleged here are based on the same primary right as the 2015 action. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR VIA COURT CALL WHENEVER POSSIBLE. 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. has not been finally disposed of . The Judge overseeing this case is MARC D. GROSS. Santa Monica Police Seek Arson Suspect Who Set Five Fires in Two Hours in Santa Monica, UC Berkeley Grad Nima Momeni Arrested For Murder of Cash App founder Bob Lee, Woman Shoved Into a Vehicle, Abducted in Westwood Near UCLA, Santa Monica's Ban on Gas Piping to Prohibit Gas Appliances Was Just Ruled Illegal by U.S. Ninth Circuit Court of Appeal, Fox News Dumps Tucker Carlson Because He Attacked the Effectiveness and Safety of Pfizer and Moderna's Covid Vaccines, Says #RFK. 2022-12-22, Los Angeles County Superior Courts | Property | When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. The judge is Judge Lisa Hart Cole, not Marian Kohl. Code of Civ. July 10, 2008 - 5:40PM. 41 0 obj <>/Filter/FlateDecode/ID[<9AE8F4DA070C105AF9C84CF8D5A2177A><816DFA2E18CBA5439B6EC8283FD421D2>]/Index[33 22]/Info 32 0 R/Length 60/Prev 39087/Root 34 0 R/Size 55/Type/XRef/W[1 2 1]>>stream 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[. Relief Based on Rescission; 2. Plaintiff adequately alleges alter ego liability, allowing this cause of action to proceed against Spahi. Or maybe Raba did not analyze "group pile" settlement models? ocean tower lawsuit outcome. Hawaii Ocean Plaza rendering. (the original action) pending in Dept. John Spahi was never CEO of Ocean Towers. ;128.7(b)(1), (4). 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. Cal. Owners of more than 200 units filed individual actions and a putative class action was filed on behalf of the remaining unit owners. The Pride LA Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . 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. 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. 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. The three-judge panel was made up of Court of Appeals Justices Dennis M. Perluss and Fred Woods as well as Los Angeles Superior Court Judge John L. Segal. 0000230961 00000 n and the proceeding . 0000089433 00000 n According to the buildings website, Spahis father, John, serves on the Ocean Towers board of directors as secretary. 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". Both surviving causes of action arise out of an alleged contract breach. South Padre Island's Ocean Tower Highrise Condo To Be Imploded According to filings in the case, in a posting on his website The Ocean View, Stone accused . 8. ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. 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 purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. Enjoy luxury . Ocean Towers Housing v. Stone | Digital Media Law Project - DMLP Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. The declaration of John M. Pierce in support of the motion states defendants counsel will promptly provide this application to the State Bar of California. Declaration of John M. Pierce, 3. [9] Soon after, the building became known as the "leaning tower of South Padre" and was viewed as a looming eyesore.[6][10]. Defendant argues the 2019 action constitutes an improper attempt to divide this primary right, since both actions are brought by the HOA and are based on the same alleged scheme by Spahi. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. Cases, Dockets and Filings in New Jersey 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. 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. Cal. 3. " The lawsuit has nothing at all to do with these allegations. Follow us on Twitter. 0000009967 00000 n The two cases do involve different defendants, different causes of action and different primary rights. Based on the investigation findings, the tower was imploded before construction completion. This action involves plaintiffs contractual rights, while the 2015 action concerns plaintiffs right to be free from fraudulent/disloyal conduct by directors. . Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation 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. 0000002573 00000 n The HOA could seek to enforce the purchase agreements, even if plaintiff did not allege defendants misused their positions as HOA directors.

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