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. John Spahi was never CEO of Ocean Towers. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. "there is sufficient evidence to show misappropriation of funds," she said. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. 2022-09-02, Los Angeles County Superior Courts | Property | 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". Plaintiffs sued the tower's developer and adjacent property owners, including Jones Day's client, TJPA. 0000058586 00000 n [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. 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. Due to popular demand the Berkman Klein Center is keeping the website online, but. Ocean Towers provides financial statements every year to show ALL distribution of fund. DEAN ZANDER VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION, ET AL. 33 0 obj <> endobj The nearby Texas Park Road 100 was closed on safety grounds just before the building was set to be razed. hbbd``b`j@ H0G @H L@ 3 Judge Will Appoint Receiver Over Ocean Towers - Santa Monica Observer Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! 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. It appears that a settlement was reached. 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. 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. Thus, Spahi argues, the cases are necessarily related, and the concurrent jurisdiction rule applies. There is no Misappropriation of Funds, and John Spahi is not the CEO, for starters. ocean tower lawsuit outcome. Joe Orlando was his henchman. 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. 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. Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. The proclamation read 'The very . UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. 2022-03-17, Los Angeles County Superior Courts | Property | "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. Follow us on Twitter. TJPA is a public agency responsible for a newly constructed Transit Center adjacent to the Millennium Tower. 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. He was a walking threatening lawsuit machine. 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). ;128.7(h). ocean tower lawsuit outcome. 0000043094 00000 n Proc. Cases, Dockets and Filings in New Jersey Ocean Tower Failure Analysis | Walter P Moore 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. Id. Breach of Contract; and 3. Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. The following is just some of the information that is false. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. Breach of Contract; and 3. 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. 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 [5] Units were to retail for $2 million. South Padre Island's Ocean Tower Highrise Condo To Be Imploded Donald Trump settles lawsuit over Baja condo resort that went bust Other parties who were brought into this litigation include parties involved in the design and construction of the Millennium Tower, the Transit Center, and two other nearby projectsthe Sales Force Tower and a project at 350 Mission. [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. Relief Based on Rescission; 2. Contact: Doug Elmets. 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. A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. 0000007669 00000 n A motion for sanctions brought for an improper purpose shall itself be subject to a motion for sanctions. Cal. Code of Civ. A $125 million lawsuit over the failed . . The Judge overseeing this case is MARC D. GROSS. According to filings in the Heyman Densmore,;Roger P. Heyman; James K.T. 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. It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. SC124263 (the original action) pending in Dept. If you do not agree with these terms, then do not use our website and/or services. Ocean Tower - Wikipedia Welcome to the website of the Digital Media Law Project. *******0918, Demurrer and Motion to Strike Portions of the First Amended Complaint, Motion for Admission as Counsel Pro Hac Vice. Regarding the demurrer, the primary right doctrine at issue in that ruling is distinct from the exclusive concurrent jurisdiction doctrine at issue here. Island spokesman Dan Quandt described the event as "a very good short-term economic boost for South Padre Island". This is not well-taken. 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. ;128.7(b)(1), (4). 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[. TAHER SPAHI, ET AL. [2], Last edited on 30 November 2022, at 11:13, List of tallest voluntarily demolished buildings, "An Engineer's Nightmare Ocean Tower, South Padre Island | the blog of rio akasaka", "Zachry company building luxury high-rise on South Padre Island", "Leaning South Padre tower turned into 55,000 tons of debris", "Tallest Building Demolitions in the World", "No Second Shot: Saying Goodbye to the Leaning Tower of South Padre Island | Swamplot", "Ocean Tower Highrise Oceanfront Condominiums South Padre Island", "South Padre Leaning Highrise Tower to be demolished in December 13th", https://en.wikipedia.org/w/index.php?title=Ocean_Tower&oldid=1124767533, Padre Boulevard across SPI Convention Center, This page was last edited on 30 November 2022, at 11:13. 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 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. Defendants argue plaintiff was aware of defendants alleged fraudulent scheme by May 2015 at the latest. The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. Further, the court found that Stone may have had malice in publishing the disputed statement. Falk v. Childrens Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1469 fn. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. 1. Dont Miss Your Last Chance to Experience CORTEO by Cirque du Soleil! 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. 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. it is beyond the jurisdictional authority of. Spahi argues the new allegations action overlap significantly with the current action, involve the same plaintiff, subject matter and primary defendant, requiring a stay. 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. Tree of Life Memorial In Palisades Park Celebrates Life of Marissa Rubin, Wife of Jerry Rubin. We also share information about your use of our site with our social media, advertising and analytics partners. They are contractual and do not depend on any allegation of fraud or undue influence by HOA directors. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. Transbay Joint Powers Authority (TJPA), et al. The complaint does not state when defendants allegedly repudiated their obligation to indemnify. Saturday, October 10, 2009 Ocean Tower Settlement and Implosion In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . [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. OCEAN TOWER LAWSUIT: Full text. [1][2], The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. These easy peasy blog commenting tips will drive mad traffic to your blog. 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. This litigation, involving a signature project in San Francisco with a number of well-known unit owners, including former 49ers' quarterback Joe Montana, was featured on a segment on 60 Minutes and heavily covered by local and national print and broadcast media. Code of Civ. This caused increasing levels of damage to the structural system due to load redistribution and overload of structural elements. The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. 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. Proc. Cancellation and Refund Policy, Privacy Policy, and Subscribe to our newsletter to receive the latest news and events in Santa Monica and the surrounding areas! 0000004747 00000 n 0000231229 00000 n 0000134847 00000 n Code of Civ. Description. 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.
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