The original action was converted to a direct action by the HOA in 2019. HOPKINS v. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. 0000314725 00000 n Code of Civ. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. 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. *******0918, Demurrer and Motion to Strike Portions of the First Amended Complaint, Motion for Admission as Counsel Pro Hac Vice. Case Number: *******0918 Hearing Date: July 31, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al., Case No. 0000058586 00000 n 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. The HOA filed a fifth amended complaint (5AC) in the original action on October 16, 2019. Hawaii Ocean Plaza rendering. Proc. 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. The complaint does not state when defendants allegedly repudiated their obligation to indemnify. Plaintiffs argument is unavailing, and Dept. 33 0 obj <> endobj [4] The location was to have allowed the residences to have views across the Gulf of Mexico and the Laguna Madre. Based on the investigation findings, the tower was imploded before construction completion. [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. "That $11 million has never been accounted for," one resident told us. Since section 128.7(g) explicitly exempts discovery responses from its scope, a request for sanctions for such conduct is not well taken. Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. "Prestige property at 201 Ocean Ave. has completed three years of litigation". 2. " Laura S. Lehman v. Transbay Joint Powers Authority, et al., No. ] Plaintiffs argument fails. Century City-Westwood News Plaintiff argues the two actions involve different primary rights. 0000043094 00000 n Ocean Towers Housing Corporation Vs Seif Ascar As the Trustee of The 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. {MCS}, Subscribe to our content! It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. Contact: Doug Elmets. Plaintiff may amend to allege the date of the alleged repudiation. The podium of the building was a large parking garage with the homes beginning at 55 feet (17m) above sea level. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Type: Other Statutes Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. 0000137496 00000 n 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. He was a walking threatening lawsuit machine. 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. 0000119652 00000 n We also share information about your use of our site with our social media, advertising and analytics partners. 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. Will E.U. Welcome to the website of the Digital Media Law Project. 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. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. . Donald Trump has settled a lawsuit with more than 100 would-be condo buyers who lost millions of dollars when a Trump-branded luxury condominium project in Baja . 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. 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. 2022-03-17, Los Angeles County Superior Courts | Property | 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. Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. The notice of related cases was denied without prejudice. SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. DALE S. FISCHER, District Judge.. Cases, Dockets and Filings in New Jersey 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. 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. 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. Further, Spahi alleged the firm advertised he never returned the security deposits to anyone who rents one of his units, failed to pay the secured loans on each unit, was solicited by the banks as a fraud, and did not pay homeowner association fees. It Is the Second Consecutive Year the Hotel Was Recognized by the Awards. It was nicknamed "Faulty Towers" and "The Leaning Tower of South Padre Island". This action is stayed pending the outcome of the 2015 action. Finally, one place to get all the court documents we need. SC124263 (the original action) pending in Dept. Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". GRANTED. Thus, Spahi argues, the cases are necessarily related, and the concurrent jurisdiction rule applies. 2022-09-02, Los Angeles County Superior Courts | Property | 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. it is beyond the jurisdictional authority of. SMart (Santa Monica Architects for a Responsible Tomorrow) Last weeks column was Part 1. 0000184153 00000 n This action will be stayed pending the outcome of the original action. Case No. In 2008 construction was halted when large cracks were observed in parking garage walls and in beams in the hi-rise. 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. Mr. Eggenberger fulfilled the requirements of CRC 9.40 and the application. I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. trailer <<62DD41D1A9AC4D93B41AD3F841D72D45>]/Prev 870850>> startxref 0 %%EOF 124 0 obj <>stream 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 5AC contains several new allegations related to stolen units, which are nearly identical to claims in the current action. Westside Today 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. This caused increasing levels of damage to the structural system due to load redistribution and overload of structural elements. Or maybe Raba did not analyze "group pile" settlement models? Finally, Spahi argues the second cause of action fails because he was not a party to the relevant contracts. RABA-KISTNER CONSULTANTS, INC. v. OCEAN TOWER, L. P. AND ANTUN T. DOMIT endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream 0000134847 00000 n 0000007060 00000 n Copyright 2023. 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. Plaintiffs Motion for Sanctions against Windsor Housing, Inc. 0000140158 00000 n 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. Palisades News. The lawsuit has nothing at all to do with these allegations.
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