0000003246 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. 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. Or maybe Raba did not analyze "group pile" settlement models? 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. This is all false, none of this has been alleged in any formal document in the case pending. Filed: April 28, 2023 as 2:2019cv06106. The litigation is still on-going and the matter has not been adjudicated fully yet. 0000009432 00000 n another department of the same court to interfere with the exercise of the power of the department to which the proceeding has been so assigned[. Plaintiff argues the two actions involve different primary rights. and the proceeding . 0000006977 00000 n 0000103877 00000 n 0000026701 00000 n Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. 0000007824 00000 n 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. A $125 million lawsuit over the failed . A trial court reportedly dismissed the lawsuit. 0000305585 00000 n No sanctions will be awarded against either party. This opinion is written by the son of John Spahi. of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191. 0000058586 00000 n Ocean Tower Settlement and Implosion - Blogger GRANTED. And the best part of all, documents in their CrowdSourced Library are FREE! ;128.7(b)(1), (4). 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. 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. 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. HomeClassifiedsDirectoryAboutContactAdvertise. Additionally, a notice of related cases does not have estoppel effect. hb```f``R``b``cg@ ~3I6iDXt!5]AE"34Et'q{1q{(9:iF b>@ QDI 0000010374 00000 n Spahi argues new allegations in the 5AC mandate this case be stayed under the rule of exclusive concurrent jurisdiction. Description. 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. I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). {MCS}, Subscribe to our content! 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. [5] Units were to retail for $2 million. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. ;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. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. . 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? I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. Additionally, even if the court accepted plaintiffs interpretation, plaintiff does not adequately justify imposition of such an extreme remedy as entry of default. "there is sufficient evidence to show misappropriation of funds," she said. 0000008359 00000 n issue of direct and immediate concern. In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. Comments 1 | Recommend 0 . 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. South Padre Island's Ocean Tower Highrise Condo To Be Imploded Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. FAC at 47, 52. Further, the court found that Stone may have had malice in publishing the disputed statement. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[580,400],'smobserved_com-medrectangle-3','ezslot_5',155,'0','0'])};__ez_fad_position('div-gpt-ad-smobserved_com-medrectangle-3-0'); 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. ;128.7. Since section 128.7(g) explicitly exempts discovery responses from its scope, a request for sanctions for such conduct is not well taken. Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. Code of Civ. In a hearing conducted on June 13, Los Angeles Superior Court Judge Marian Kohl said that she was inclined to appoint a receiver. The two cases do involve different defendants, different causes of action and different primary rights. Transbay Joint Powers Authority (TJPA), et al. 2021-06-25, California Courts Of Appeal | Other | 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. 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. Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! Proc. ClassifiedsDirectoryAboutContactAdvertise, Prestige property at 201 Ocean Ave. has completed three years of litigation. STIPULATED JUDGMENT. 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. Code of Civ. Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. SMart (Santa Monica Architects for a Responsible Tomorrow) Last week's column was Part 1. his wife, Maria. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. I think 401 16-inch diameter auger-cast piles were revealed to be under the hi-rise building footprint. *******0918, Demurrer and Motion to Strike Portions of the First Amended Complaint, Motion for Admission as Counsel Pro Hac Vice. Proc. Contrary to plaintiffs argument, the courts prior denial of defendants notice of related cases and demurrer has no preclusive effect. Donald Trump settles lawsuit over Baja condo resort that went bust 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. 0000210630 00000 n Proc. 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. A dispute between two members of the Board of Directors of Santa Monica's only co-op, may put the prestigious property into receivership on Wednesday. 2022-03-17, Los Angeles County Superior Courts | Property | Both surviving causes of action are based on an alleged breach of written purchase agreements subject to a four-year statute of limitations. Plaintiff adequately alleges alter ego liability, allowing this cause of action to proceed against Spahi. ;128.7 by stating in its answer answering Defendant denies that Plaintiff has or will sustain any damage or loss by reason of any act or omission of this answering Defendant, or its agent, employees, servants, officers, directors, shareholders, representatives or otherwise. Plaintiff argues this constitutes a representation that defendant has employees . The current action alleges Spahi is responsible for paying any judgment that may be awarded against the HOA arising from his alter egos purchase of the units, due to the purchase agreements indemnification provisions. The 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. The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. This action will be stayed pending the outcome of the original action. Code of Civ. Palisades News. hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. And anyone who challenges him is immediately sued," she said.". 0000005493 00000 n 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). 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. Why is this public record being published online? While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. 0000004091 00000 n 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.. Legal To Wear? - News of South Padre Saturday, October 10, 2009 Ocean Tower Settlement and Implosion In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . "The banks will not finance it and no one wants to buy into a lawsuit. ] Cal. 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. Lakeland faces 2 lawsuits for denial of controversial cell towers Zachary however was later dismissed from the lawsuit. Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building.