OCEAN TOWER LAWSUIT: Full text. The prior demurrer ruling does not require denial of this motion. The HOA could seek to enforce the purchase agreements, even if plaintiff did not allege defendants misused their positions as HOA directors. [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 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. Both surviving causes of action arise out of an alleged contract breach. Nov. 27, 2013 10:43 AM PT. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. According to the buildings website, Spahis father, John, serves on the Ocean Towers board of directors as secretary. ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. 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. trailer <<62DD41D1A9AC4D93B41AD3F841D72D45>]/Prev 870850>> startxref 0 %%EOF 124 0 obj <>stream The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. 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. The court granted final approval of the proposed settlement in the class action on August 7, 2020. 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[. Court: Third Circuit New Jersey US District Court for the District of New Jersey. Los Angeles County Superior Courts | Property | jakarta residence implosion 2009 dimulai.. ` ] Plaintiffs argument fails. Also alleged: the firm stated the units owned by Spahi and his family were about to be auctioned off in bankruptcy court. 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. Proc. 'Leaning tower of South Padre' to be torn down - Chron I think 401 16-inch diameter auger-cast piles were revealed to be under the hi-rise building footprint. Id. The second lawsuit, filed by 1 Source Towers, argues that the city's denial of a cell tower at 1800 Harden Blvd. Plaintiff argues the rule only applies when different superior courts have jurisdiction over the cases in question. The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. Services: Failure Analysis / Structural Assessment and Strengthening / Litigation Support. Additionally, the 5AC contains new allegations regarding damages stemming from bank lawsuits that were not operative when the demurrer was decided. The notice of related cases was denied without prejudice. South Padre Island's Ocean Tower Highrise Condo To Be Imploded 2022-12-22, Los Angeles County Superior Courts | Property | Ocean Towers Has Been Falsely Portrayed, Reports One Homeowner Code of Civ. Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. The proclamation read 'The very . 0000005896 00000 n Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. LEONARD LUDOVICO VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION. hb```f``R``b``cg@ ~3I6iDXt!5]AE"34Et'q{1q{(9:iF b>@ QDI Donald Trump settles lawsuit over Baja condo resort that went bust The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. Proc. issue of direct and immediate concern. . 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. 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. 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. Nope! 0000089433 00000 n By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, These easy peasy blog commenting tips will drive mad traffic to your blog. And anyone who challenges him is immediately sued," she said.". The Judge overseeing this case is MARC D. GROSS. Although the facts of the case are not disclosed and difficult to obtain, the lawsuit does reveal that the exploratory borings were no deeper than 100 feet, and the design pile depth was 95 feet in the final construction drawings. No sanctions will be awarded against either party. 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. 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. 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. Since section 128.7(g) explicitly exempts discovery responses from its scope, a request for sanctions for such conduct is not well taken. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. . 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. Saturday, October 10, 2009 Ocean Tower Settlement and Implosion In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . 0000003246 00000 n In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. 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. In November 2008. The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. Dont Miss Your Last Chance to Experience CORTEO by Cirque du Soleil! Yo! According to filings in the Heyman Densmore,;Roger P. Heyman; James K.T. In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . Code of Civ. TAHER SPAHI, ET AL. 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. Further, Spahi alleged the firm advertised he never returned the security deposits to anyone who rents one of his units, failed to pay the secured loans on each unit, was solicited by the banks as a fraud, and did not pay homeowner association fees. He never had to pay the fees! 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. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. DALE S. FISCHER, District Judge.. And the best part of all, documents in their CrowdSourced Library are FREE! U.S. BANK, N.A. v. OCEAN TOWERS HOUSING CORPORATION - Leagle 0000008813 00000 n However, different primary rights are at stake here versus the other action. Falk v. Childrens Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1469 fn. "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. "Prestige property at 201 Ocean Ave. has completed three years of litigation". The parties subsequently drafted, negotiated and executed a series of settlement documents. The second and third causes of action seek to enforce plaintiffs alleged right to indemnification under the purchase agreement. It appears that a settlement was reached. . Proc. 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. 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. 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. Breach of Contract; and 3. The court sustained defendants demurrer to the first cause of action on the grounds that it was based on the same primary right as the original action and overruled the demurrer to the second and third causes of action. Or maybe Raba did not analyze "group pile" settlement models? This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. [2], Construction was halted in the summer of 2008. [9] Soon after, the building became known as the "leaning tower of South Padre" and was viewed as a looming eyesore.[6][10]. TJPA is a public agency responsible for a newly constructed Transit Center adjacent to the Millennium Tower. Ocean Tower - Wikipedia This is all false, none of this has been alleged in any formal document in the case pending. The HOA argues Windsors discovery responses show it is an alter ego of Spahi existing for the purpose of perpetrating fraud upon the HOA. In 2015, an HOA shareholder filed a derivative complaint against Spahi and his alleged alter egos and co-conspirators. He was a walking threatening lawsuit machine. Westside Today *******0918. . 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,. 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. 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. 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. 0000002989 00000 n When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. 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. It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. [6], After a month of structural testing the construction of Ocean Tower began on April 5, 2006. 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. We attempted to purchase a foreclosed unit that was precious owned by John Spahi. Preliminary evaluation showed that the tower's core had sunk 14 to 16 inches (360 to 410mm), while the attached parking lot had shifted less than half that distance. 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". 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. 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.. In August 2009, while the divorce remained pending, the Ocean Tower Lawsuit settled. 0000184153 00000 n 0000004091 00000 n 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 HOA filed a fifth amended complaint (5AC) in the original action on October 16, 2019. Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. Enjoy luxury . The motion is GRANTED. 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. "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. Thus, the bank could not sell us the unit. https://www.fiverr.com/seoservice35/make-390-dofollow-backlinks-manually-blog-comments-low-obl. The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . 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. ClassifiedsDirectoryAboutContactAdvertise, Prestige property at 201 Ocean Ave. has completed three years of litigation. 0000230961 00000 n Island Breeze. Subscribe to our newsletter to receive the latest news and events in Santa Monica and the surrounding areas! . Ocean Tower Spi - Other Texas Places - Houston Architecture Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449 where a proceeding has been . Can check for updates at the LA Superior Court link above. A trial court reportedly dismissed the lawsuit. (All Cash) Because the board was totally controlled by Spahi he would not approve our application for the co-op. Code of Civ. 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. Finally, one place to get all the court documents we need. Relief Based on Rescission; 2. 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. This man controlled who was able to buy and sell in his building. STIPULATED JUDGMENT. The following is just some of the information that is false. In a hearing conducted on June 13, Los Angeles Superior Court Judge Lisa Hart Cole said that she was inclined to appoint a receiver. A motion for sanctions brought for an improper purpose shall itself be subject to a motion for sanctions. Cal. A lone drill rig sits at the stalled construction site for Hawaii City Plaza at 730 Sheridan St. Prev Next. Due to popular demand the Berkman Klein Center is keeping the website online, but. Copyright 2007-22 Digital Media Law Project and respective authors. 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[. The Domits' company received approximately $3.5 million from the settlement. The owner of several units in the Ocean Towers residential complex near Palisades Park was given the green light to continue with his lawsuit against a real estate investment firm, a California appeals court ruled earlier this month. 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 Corporation v. Superior Court of Los Angeles County et al. Case Number: *******0918 Hearing Date: July 31, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al., Case No. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. . 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;}. https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . Description. The court also explicitly rejected the "interest" privilege, which Stone argued had not been addressed in the trial court. The judge's order authorized Calvillo to take "charge and posses- Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! 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. 0000006977 00000 n

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