ocean tower lawsuit outcome

Proc. 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 Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. [5][6] The proposed fixes would have the garage beams separated from the tower, and new columns to be placed under the beams. *******0918. GRANTED, contingent on service on the State Bar. Can check for updates at the LA Superior Court link above. ;128.7(b)(1), (4). 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. I'm happy to . 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. Venice Brentwood News 4. Transbay Joint Powers Authority (TJPA), et al. The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . 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. We attempted to purchase a foreclosed unit that was precious owned by John Spahi. I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). 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. If you do not agree with these terms, then do not use our website and/or services. 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. 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. The court agrees that some (but not all) of the claims alleged here are based on the same primary right as the 2015 action. Finally, one place to get all the court documents we need. 0000026701 00000 n 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. Code of Civ. will keep Verizon from solving a "significant gap in its coverage," triggering . People ex. 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. We also share information about your use of our site with our social media, advertising and analytics partners. %PDF-1.5 % SMart (Santa Monica Architects for a Responsible Tomorrow) Last weeks column was Part 1. 0000230961 00000 n 0000007824 00000 n Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449 where a proceeding has been . [1][2], The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. The notice of related cases was denied without prejudice. . 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. [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. 2022-09-02, Los Angeles County Superior Courts | Property | Pursuant to the settlement, all claims against TJPA were dismissed with prejudice. SC124263 (the original action) pending in Dept. 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 Pride LA 0000210744 00000 n ], 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. All to prevent us from getting approval for the original foreclosed unit. 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. 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.. The HOA argues Windsors discovery responses show it is an alter ego of Spahi existing for the purpose of perpetrating fraud upon the HOA. 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. 0000305585 00000 n 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 . The hi-rise included a 4-level parking garage immediately adjacent and connected to it. Joe Orlando was his henchman. Contrary to plaintiffs argument, the courts prior denial of defendants notice of related cases and demurrer has no preclusive effect. The Superior Court denied the motion, finding that the statement constituted defamation per se and that there was evidence suggesting Stone's statements were false. *******0918, Demurrer and Motion to Strike Portions of the First Amended Complaint, Motion for Admission as Counsel Pro Hac Vice. 0000009967 00000 n [4] The location was to have allowed the residences to have views across the Gulf of Mexico and the Laguna Madre. VS JOHN SPAHI, ET AL. . ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. Hawaii Ocean Plaza rendering. DEAN ZANDER VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION, ET AL. 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;}. 1. DALE S. FISCHER, District Judge.. Filed: April 28, 2023 as 2:2019cv06106. 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. In July 2008 the developers filed a $125,000,000 lawsuit against Raba-Kistner geotechnical engineers and the structural engineer and the general contractor Zachary Construction. Proc. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. 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. 0000134847 00000 n 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 judge is Judge Lisa Hart Cole, not Marian Kohl. 54 0 obj <>stream Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. 0000002075 00000 n Construction activity ceased immediately because of the public safety risk and potential for partial collapse. ] Cal. Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. 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. Spahi moves to stay the current action based on exclusive concurrent jurisdiction with the original action. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. HomeClassifiedsDirectoryAboutContactAdvertise. Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues, Hear Ye, Hear Ye! "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. Pier supports in the shifting clay more than 100 feet (30m) underground began buckling, stressing beams and columns, causing cracking, spalling, and breaking, eventually causing the building to lean towards the northwest corner, cracking the wall of the adjacent garage, which abuts the tower. The second two causes of action are based on a primary right not involved in the 2015 action. 0 Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. {MCS}, Subscribe to our content! 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? Enjoy luxury . . 0000008813 00000 n 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. Relief Based on Rescission; 2. [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. Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream The motion is GRANTED. 0000089433 00000 n 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. 0000314725 00000 n Palisades News. The HOA argues Windsors counsel, Pierce Bainbridge, assisted in the fraud by designating Spahis son Omar as Windsors PMQ, though he had no knowledge of Windsors structure or dealings, and by filing an answer that allegedly claimed Windsor followed corporate formalities. Ocean Towers Housing Corporation v. Superior Court of Los Angeles County et al. 2022-12-22, Los Angeles County Superior Courts | Property | In 2008 construction was halted when large cracks were observed in parking garage walls and in beams in the hi-rise. . Therefore, under. The judge's order authorized Calvillo to take "charge and posses- In a hearing conducted on June 13, Los Angeles Superior Court Judge Marian Kohl said that she was inclined to appoint a receiver. 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. [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. 0000009432 00000 n He was a walking threatening lawsuit machine. July 10, 2008 - 5:40PM. Traffic, ITS, and Transportation Planning. Cause Of Action: 28 U.S.C. Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. 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. "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. 1332 Diversity-Product Liability. Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. Proc. Based on the investigation findings, the tower was imploded before construction completion. 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. In late 2009 the owner hired Controlled Demolition Inc to start planning the implosion of the building since it was too costly and impractical to try and repair the structure, much less get anyone to move in considering the stigma now associated with the building. Ocean Tower accuses the firms of fraud and/or gross negligence and is seeking $125 million in damages. 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. 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. 0000119652 00000 n 0000074857 00000 n ;128.7. . 0000007669 00000 n ;128.7(h). 0000140158 00000 n 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. 0000058586 00000 n Stone appealed to California's Second Appellate District. I would love to see the calculations by Raba-Kistner and by the structural engineer to find out the root cause of the flawed design (errors and omissions anyone). 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. Nov. 27, 2013 10:43 AM PT. CGC-16-553758 (Super. 05/15/2009 - According to the case summary (search "BC359619"), the case was dismissed by the plaintiff without prejudice. endstream endobj startxref The original action was converted to a direct action by the HOA in 2019. No sanctions will be awarded against either party. BC359619 (Superior Ct.); B198657 (Appellate). 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. 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. . P, Ocean Towers Housing Corporation v. John Spahi et al., Case No. ;128.7(b)(1), (4). 0000005896 00000 n The 5AC contains several new allegations related to stolen units, which are nearly identical to claims in the current action. GRANTED. Island spokesman Dan Quandt described the event as "a very good short-term economic boost for South Padre Island". 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. 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 complaint does not state when defendants allegedly repudiated their obligation to indemnify. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. Plaintiff adequately alleges alter ego liability, allowing this cause of action to proceed against Spahi. [3] The building was designed to withstand extreme winds with three massively reinforced core walls. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. 0000006486 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. Defendant seeks sanctions against plaintiff, arguing this motion was brought for an improper purpose. ge9O^Vr|9o+tE@sDkth%U&8ViY?=eI(ekTj17Z78]/b,?u:N}(kaYC9fh31]2zg()M Comments 1 | Recommend 0 . Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. Additionally, a notice of related cases does not have estoppel effect. The second lawsuit, filed by 1 Source Towers, argues that the city's denial of a cell tower at 1800 Harden Blvd. Thus, the bank could not sell us the unit. DENIED. 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. Cancellation and Refund Policy, Privacy Policy, and 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. Will E.U. Public Records Policy. has not been finally disposed of . Additionally, even if the court accepted plaintiffs interpretation, plaintiff does not adequately justify imposition of such an extreme remedy as entry of default. In the meantime, Spahi broke into the unit and illegally started renting it for thousands of dollars while he filed another false lawsuit against the bank who legally owned the unit. It was nicknamed "Faulty Towers" and "The Leaning Tower of South Padre Island". I can hypothesize, maybe Raba's engineer(s) thought the piles would be 100% skin friction piles but over-estimated the skin friction developed? 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. Published March 2, 2018. Why is this public record being published online? 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. Spahi argues the new allegations action overlap significantly with the current action, involve the same plaintiff, subject matter and primary defendant, requiring a stay. (916 . ] Cal. SMart (Santa Monica Architects for a Responsible Tomorrow) Last week's column was Part 1. 2020-12-03, Los Angeles County Superior Courts | Other | ] Plaintiffs argument fails. Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. Code of Civ. The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009. 0000005000 00000 n I'm happy to meet with you in person to discuss all the relevant facts. Cal. 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. Plaintiff argues the two actions involve different primary rights. Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . 2021-06-22. It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. 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. This is not well-taken. Code of Civ. 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. "That $11 million has never been accounted for," one resident told us. 2. " Clients 0000007695 00000 n A trial court reportedly dismissed the lawsuit. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. Los Angeles County Superior Courts | Property | 0000043094 00000 n There is a substantial danger that, if the lawsuits proceed separately, the courts could reach conflicting (or redundant) decisions regarding those damages. VS KB VISION FOUNDATION, ET AL. A trial court reportedly dismissed the lawsuit. The proclamation read 'The very . "No one can sell their units with this dispute going on," another resident told us. [11][5] By this time more than 100 of the condominiums had been sold. 0000003831 00000 n https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. Mr. Eggenberger fulfilled the requirements of CRC 9.40 and the application. 3. " Proc. This action will be stayed pending the outcome of the original action. 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. Tree of Life Memorial In Palisades Park Celebrates Life of Marissa Rubin, Wife of Jerry Rubin. 0000002989 00000 n Code of Civ. 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. In June 2008, Domit filed a lawsuit to recover damages from the failed Ocean Tower develop-ment project in which one of his companies was involved. I think 401 16-inch diameter auger-cast piles were revealed to be under the hi-rise building footprint. Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! 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. Due to popular demand the Berkman Klein Center is keeping the website online, but. Spahi v. Superior Court of Los Angeles County et al. CRESTWOOD HILLS ASSOCIATION VS JON M. LEADER, ET AL. In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. . She did not make any such comments about misappropriation of funds. 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. ;128.7 (g). 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. The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. The appeals court affirmed the ruling on essentially the same grounds. Cal. [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). Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. This is all false, none of this has been alleged in any formal document in the case pending. 8. 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 also found that the litigation privilege didn't apply because both Stone and his comments were unrelated to the other Ocean Towers lawsuit. And anyone who challenges him is immediately sued," she said. "Prestige property at 201 Ocean Ave. has completed three years of litigation". In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. Regarding the demurrer, the primary right doctrine at issue in that ruling is distinct from the exclusive concurrent jurisdiction doctrine at issue here. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. The original action was converted to a direct action by the HOA in 2019. Declaration - DECLARATION OF HERBERT NACION RE: PAYMENT AND SUBMISSION OF PRO HAC VICE APPLICATION TO STATE BAR OF CA, Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; DEFENDANT JOHN SPAHI'S DEMURRER -), Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT, Reply - DEFENDANT JOHN SPAHIS REPLY IN SUPPORT OF HIS REQUEST FOR JUDICAL NOTICE, Request for Judicial Notice - DEFENDANT JOHN SPAHIS SECOND REQUEST FOR JUDICAL NOTICE IN SUPPORT OF DEFENDANTS JOHN SPAHIS DEMURRER TO THE FIRST AMENDED COMPLAINT, Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT, Objection - OBJECTION TO DEFENDANT JOHN SPAHI'S REQUEST FOR JUDICIAL NOTICE FILED IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT, Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S DEMURRER TO THE FIRST AMENDED COMPLAINT, Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S MOTION TO STRIKE PUNITIVE CLAIM FROM FIRST AMENDED COMPLAINT, Response - RESPONSE TO PLAINTIFF OCEAN TOWERS HOUSING CORPORATION'S EX PARTE APPLICATION FOR AN ORDER CONTINUING HEARING DATE), 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, Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196.
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