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. Plaintiffs argument is unavailing, and Dept. As a result, Spahi claimed loss of rental income and an inability to sell one of his units for $2.2 million. The 5AC contains several new allegations related to stolen units, which are nearly identical to claims in the current action. 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. 0000211211 00000 n Construction activity ceased immediately because of the public safety risk and potential for partial collapse. {MCS}, Subscribe to our content! Code of Civ. Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. 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. CRESTWOOD HILLS ASSOCIATION VS JON M. LEADER, ET AL. Defendants argue plaintiff was aware of defendants alleged fraudulent scheme by May 2015 at the latest. 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. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The court granted final approval of the proposed settlement in the class action on August 7, 2020. This is not well-taken. The judge appointed attorney David Calvillo as receiver over the couple's community prop-erty. . 2022-12-22, Los Angeles County Superior Courts | Property | VS JOHN SPAHI, ET AL. Mr. Eggenberger fulfilled the requirements of CRC 9.40 and the application. [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. GRANTED. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. Case No. Finally, one place to get all the court documents we need. Code of Civ. 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. [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. 54 0 obj <>stream issue of direct and immediate concern. Plaintiff may amend to allege the date of the alleged repudiation. A $125 million lawsuit over the failed . ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. [9] Soon after, the building became known as the "leaning tower of South Padre" and was viewed as a looming eyesore.[6][10]. Code of Civ. ocean tower lawsuit outcome. Based on the investigation findings, the tower was imploded before construction completion. 0000074857 00000 n 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. According to filings in the Heyman Densmore,;Roger P. Heyman; James K.T. 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. %PDF-1.5 % 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[. 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). [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., Plaintiff characterizes this as an improper third bite at the apple and argues exclusive concurrent jurisdiction cannot apply because both lawsuits were filed within the Los Angeles County Superior Court. The court agrees that some (but not all) of the claims alleged here are based on the same primary right as the 2015 action. The Ocean Tower at South Padre Island has been dubbed the 'leaning tower of South Padre' because parts of it have sunk a foot or more into the sand. has not been finally disposed of . 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. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. 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. Both surviving causes of action arise out of an alleged contract breach. They are contractual and do not depend on any allegation of fraud or undue influence by HOA directors. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". "Prestige property at 201 Ocean Ave. has completed three years of litigation". Ocean Tower Failure Analysis | Walter P Moore OCEAN TOWERS HOUSING CORPORATION VS JOSEPH ORLANDO, III, ET AL. 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. %%EOF This man controlled who was able to buy and sell in his building. 0000262322 00000 n ;128.7(h). Cases, Dockets and Filings in New Jersey This action is stayed pending the outcome of the 2015 action. [4] The location was to have allowed the residences to have views across the Gulf of Mexico and the Laguna Madre. In July 2008 the developers filed a $125,000,000 lawsuit against Raba-Kistner geotechnical engineers and the structural engineer and the general contractor Zachary Construction. The HOA alleges it has paid millions of dollars in litigation initiated against it by US Bank because of these sales and seeks indemnification from Spahi and his alter egos. The following is just some of the information that is false. Proc. Court: Third Circuit New Jersey US District Court for the District of New Jersey. 0000119652 00000 n And anyone who challenges him is immediately sued," she said.". Plaintiff argues defendant violated Cal. hXrH}+Q$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(. . assigned for hearing and determination to one department of the superior court by the presiding judge . Joe Orlando was his henchman. Tree of Life Memorial In Palisades Park Celebrates Life of Marissa Rubin, Wife of Jerry Rubin. Case Number: *******0918 Hearing Date: March 12, 2020 Dept: P. Plaintiff HOA alleges defendant Spahi used his position as the HOAs controlling director to engineer sham sale agreements under which the HOA sold units to Spahi and his alter egos for less than market value. 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. 0000137496 00000 n Spahi demurs to plaintiffs three causes of action, arguing the claims alleged must have been brought in the 2015 lawsuit due to the primary right doctrine. 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. Spahi moves to stay the current action based on exclusive concurrent jurisdiction with the original action. The complaint does not state when defendants allegedly repudiated their obligation to indemnify. TAHER SPAHI, ET AL. He never had to pay the fees! ;128.7(b)(1), (4). ;128.7 (g). 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. Filed: April 28, 2023 as 2:2019cv06106. Thus, the bank could not sell us the unit. "That $11 million has never been accounted for," one resident told us. 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. STIPULATED JUDGMENT. 4. ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. 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. at 788. Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449 where a proceeding has been . In 2015, an HOA shareholder filed a derivative complaint against Spahi and his alleged alter egos and co-conspirators. It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. Breach of Contract; and 3. John Spahi was never CEO of Ocean Towers. 0000089433 00000 n We tried buying other condo units there and kept getting rejected from the coop also. 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. Objection - AMENDED OBJECTIONS TO PLAINTIFF'S NOTICE OF DEPOSITION OF PERSON MOST QUALIFIED AT DEFENDANT WINDSOR OCEAN, INC. Or maybe Raba did not analyze "group pile" settlement models? Regarding the demurrer, the primary right doctrine at issue in that ruling is distinct from the exclusive concurrent jurisdiction doctrine at issue here. 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. 2021-06-25, California Courts Of Appeal | Other | 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 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.. Rel Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 774. The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . Millennium Tower Litigation Settled, Engineering Upgrade of Building to 0000043094 00000 n ] Cal. In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. Spahi concedes the primary right at issue in the 2015 action is the HOAs right to be governed by honest and faithful directors, who were duty-bound to act in good faith and in the best interests of the corporation. Opposition at pg. 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. 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. 0000008359 00000 n 33 0 obj <> endobj Westside Today BC359619 (Superior Ct.); B198657 (Appellate). Transbay Joint Powers Authority (TJPA), et al. DENIED. Additionally, the 5AC contains new allegations regarding damages stemming from bank lawsuits that were not operative when the demurrer was decided.