Venice Enjoy luxury . 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. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. Id. 0000210630 00000 n 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 purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. 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. In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Plaintiff argues the two actions involve different primary rights. 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. Copyright 2007-22 Digital Media Law Project and respective authors. Spahi argues new allegations in the 5AC mandate this case be stayed under the rule of exclusive concurrent jurisdiction. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. In 2008 construction was halted when large cracks were observed in parking garage walls and in beams in the hi-rise. "there is sufficient evidence to show misappropriation of funds," she said." 0000043094 00000 n 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,. 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. 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. 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. 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 Code of Civ. The language does not affirmatively state any of the identified categories exists but is a broad denial that neither defendant nor anyone associated with defendant harmed plaintiff. ), TJPA reaches global settlement in Millennium Tower 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." . 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. The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009. "there is sufficient evidence to show misappropriation of funds," she said. 2022-12-22, Los Angeles County Superior Courts | Property | The original action was converted to a direct action by the HOA in 2019. Tree of Life Memorial In Palisades Park Celebrates Life of Marissa Rubin, Wife of Jerry Rubin. SMart (Santa Monica Architects for a Responsible Tomorrow) Last weeks column was Part 1. at 788. Hawaii Ocean Plaza rendering. 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. Comments 1 | Recommend 0 . Proc. No sanctions will be awarded against either party. The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. Proc. Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. In August 2019, the parties informed the court that a tentative and conditional global settlement was agreed upon. ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. [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. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. VS JOHN SPAHI, ET AL. Island spokesman Dan Quandt described the event as "a very good short-term economic boost for South Padre Island". 0000144111 00000 n 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. Both surviving causes of action arise out of an alleged contract breach. [5] Units were to retail for $2 million. Code of Civ. endstream endobj startxref 0000184153 00000 n 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. 0000010410 00000 n The . Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. 0000001976 00000 n 0000262322 00000 n 0000137496 00000 n A lone drill rig sits at the stalled construction site for Hawaii City Plaza at 730 Sheridan St. Prev Next. Finally, plaintiff argues defendant wrongfully designated Omar Spahi as Windsors PMQ and made false representations in interrogatory responses. 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. 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(. Cal. Defendants argue plaintiff was aware of defendants alleged fraudulent scheme by May 2015 at the latest. The fact that the parties in two actions are different does not preclude application of the rule if the two actions share a subject matter. trailer <<62DD41D1A9AC4D93B41AD3F841D72D45>]/Prev 870850>> startxref 0 %%EOF 124 0 obj <>stream Additionally, Spahi argues the statute of limitations bars the first and third causes of action. 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. 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. The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . 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. Subscribe to our newsletter to receive the latest news and events in Santa Monica and the surrounding areas! 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 TOWERS HOUSING CORPORATION VS SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST, ET AL. CRAIG T. KOJIMA / CKOJIMA@STARADVERTISER.COM. [3] The building was designed to withstand extreme winds with three massively reinforced core walls. In May 2019 the HOA filed this complaint (the current action), alleging Spahi used alter egos to purchase several units (the same units at issue in the original action) from the HOA at prices far lower than their appraised value. John Spahi was never CEO of Ocean Towers. Nope! In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. 23. . Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. 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. ] Cal. Owners of more than 200 units filed individual actions and a putative class action was filed on behalf of the remaining unit owners. . Cal. Hunter, Superior Court of Los Angeles County; California Court of Appeal, Second Appellate District, No. 0 0000230961 00000 n ` "That $11 million has never been accounted for," one resident told us. 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 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. Breach of Contract; and 3. ;128.7(h). The Domits' company received approximately $3.5 million from the settlement. . Regarding the demurrer, the primary right doctrine at issue in that ruling is distinct from the exclusive concurrent jurisdiction doctrine at issue here. All to prevent us from getting approval for the original foreclosed unit. 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. Code of Civ. 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 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. [9] Soon after, the building became known as the "leaning tower of South Padre" and was viewed as a looming eyesore.[6][10]. Published March 2, 2018. VS KB VISION 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. https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. [3] It continued for two years with much of the main structure completed until differential settlement saw parts of the building sink by over 14 inches (360mm). The proclamation read 'The very . We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. Plaintiff seeks to enforce those indemnification provisions and recover legal fees. In a hearing conducted on June 13, Los Angeles Superior Court Judge Marian Kohl said that she was inclined to appoint a receiver. To read this as a knowing misrepresentation under ;128.7 would require a narrow, counterintuitive reading. 0000003831 00000 n GRANTED. OCEAN TOWERS HOUSING CORPORATION VS JOSEPH ORLANDO, III, ET AL. 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. 0000010806 00000 n This man controlled who was able to buy and sell in his building. 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. Though alter ego liability is alleged in both claims, those allegations are distinct from the primary right central to each claim. Can check for updates at the LA Superior Court link above. The judge is Judge Lisa Hart Cole, not Marian Kohl. 0000001296 00000 n Did that happen? In November 2008. Plaintiff argues the rule only applies when different superior courts have jurisdiction over the cases in question. 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. Island Breeze. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. 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. Defendants concede plaintiff pleads alter ego liability, but argue alter ego cannot be alleged both in this action and the 2015 action due to the primary right doctrine. 1332 Diversity-Product Liability. Both surviving causes of action are based on an alleged breach of written purchase agreements subject to a four-year statute of limitations. LEONARD LUDOVICO VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION. 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. Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. The judge's order authorized Calvillo to take "charge and posses- will keep Verizon from solving a "significant gap in its coverage," triggering . 0000007669 00000 n By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, FAC at 47, 52. This action is stayed pending the outcome of the 2015 action. officers, directors, shareholders, when Windsor knew it had none. The statements alleged by the Spahis certainly impugned their personal reputations with accusations of dishonesty and improper and illegal conduct such as withholding security deposits, the panel of judges stated in their ruling. STIPULATED JUDGMENT. 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. These easy peasy blog commenting tips will drive mad traffic to your blog. Century City-Westwood News 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. ;128.7(b)(1), (4). 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. OVERRULED as to the second and third causes of action but SUSTAINED without leave to amend as to the first cause of action. 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. SC124263 (the original action) pending in Dept. of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191. Additionally, the 5AC contains new allegations regarding damages stemming from bank lawsuits that were not operative when the demurrer was decided. The motion is GRANTED. 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. If you are interested, please contact us for more details. Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . Or maybe Raba did not analyze "group pile" settlement models? 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. "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. (916 . According to filings in the Heyman Densmore,;Roger P. Heyman; James K.T. A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. This is not well-taken. Relief Based on Rescission; 2. [6], After a month of structural testing the construction of Ocean Tower began on April 5, 2006. 0000007060 00000 n *******0918, Plaintiffs Ex Parte Application for Appointment of Receiver. SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. HAPI FOUNDATION, ET AL. Contact: Doug Elmets. It appears that a settlement was reached. 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. 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. Joe Orlando was his henchman. 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. 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[. TJPA is a public agency responsible for a newly constructed Transit Center adjacent to the Millennium Tower. 0000009967 00000 n A posted article about Ocean towers contains a ton of false information, I'd love a chance to discuss with the author and set the record straight. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. According to the buildings website, Spahis father, John, serves on the Ocean Towers board of directors as secretary. 0000058586 00000 n "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. [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 notice of related cases was denied without prejudice. According to filings in the case, in a posting on his website The Ocean View, Stone accused . Plaintiff argues defendant violated Cal. Pursuant to the settlement, all claims against TJPA were dismissed with prejudice. Settlement of the structures was indicated to be 4" to 8" under the garage, and 8" to 16" under the hi-rise, which is catastrophic so the "leaning tower of Padre" is actually a reasonable moniker. 8. Code of Civ. A $125 million lawsuit over the failed . Additionally, a notice of related cases does not have estoppel effect. (All Cash) Because the board was totally controlled by Spahi he would not approve our application for the co-op. The Retro-style Diner Will Open Shop Back Up on Wilshire Boulevard and Expand Into the Old Vienna Bakery Space. has not been finally disposed of . When courts apply sanctions, they are generally to be imposed in an incremental approach, with terminating sanctions being the last resort. Dept. 0000305624 00000 n A trial court reportedly dismissed the lawsuit. %%EOF "Prestige property at 201 Ocean Ave. has completed three years of litigation". This opinion is written by the son of John Spahi. Spahi moves to stay the current action based on exclusive concurrent jurisdiction with the original action. 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. Saturday, October 10, 2009 Ocean Tower Settlement and Implosion In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . "No one can sell their units with this dispute going on," another resident told us. 0000006486 00000 n The following is just some of the information that is false. The Judge overseeing this case is MARC D. GROSS. 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. DALE S. FISCHER, District Judge.. 0000005896 00000 n 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. Contrary to plaintiffs argument, the courts prior denial of defendants notice of related cases and demurrer has no preclusive effect. 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. 0000008813 00000 n OCEAN TOWER LAWSUIT: Full text. 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. Proc. 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. We attempted to purchase a foreclosed unit that was precious owned by John Spahi. Id. ocean tower lawsuit outcome. According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. Ct. San Francisco Cty., Cal. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. 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. She did not make any such comments about misappropriation of funds. 0000074857 00000 n It was nicknamed "Faulty Towers" and "The Leaning Tower of South Padre Island". *******0918, Demurrer and Motion to Strike Portions of the First Amended Complaint, Motion for Admission as Counsel Pro Hac Vice. 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. 0000134847 00000 n 0000314725 00000 n The judge appointed attorney David Calvillo as receiver over the couple's community prop-erty. The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. It Is the Second Consecutive Year the Hotel Was Recognized by the Awards. 0000002075 00000 n
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