Id. 0000074857 00000 n Can check for updates at the LA Superior Court link above. 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;}. Code of Civ. ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. Transbay Joint Powers Authority (TJPA), et al. 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. Plaintiff may amend to allege the date of the alleged repudiation. 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). If you are interested, please contact us for more details. 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. ClassifiedsDirectoryAboutContactAdvertise, Prestige property at 201 Ocean Ave. has completed three years of litigation. The lawsuit has nothing at all to do with these allegations. 'Leaning tower of South Padre' to be torn down - Chron 75 0 obj <> endobj xref 75 50 0000000016 00000 n This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. 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. . 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. 0000001296 00000 n Regarding the demurrer, the primary right doctrine at issue in that ruling is distinct from the exclusive concurrent jurisdiction doctrine at issue here. 2022-12-22, Los Angeles County Superior Courts | Property | Los Angeles County Superior Courts | Property | [4] The location was to have allowed the residences to have views across the Gulf of Mexico and the Laguna Madre. 4. Relief Based on Rescission; 2. The . "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. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. at 788. Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449 where a proceeding has been . ;128.7. assigned for hearing and determination to one department of the superior court by the presiding judge . In a hearing conducted on June 13, Los Angeles Superior Court Judge Marian Kohl said that she was inclined to appoint a receiver. Westside Today 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. 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 story goes that way back in the 90's, then mayor Ed Cyganiewicz came up with the idea of outlawing neckties as a way of promoting the laidback atmosphere on the island. Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. . The judge's order authorized Calvillo to take "charge and posses- According to filings in the Heyman Densmore,;Roger P. Heyman; James K.T. Additionally, the 5AC contains new allegations regarding damages stemming from bank lawsuits that were not operative when the demurrer was decided. 0000006977 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. All to prevent us from getting approval for the original foreclosed unit. The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. 0000314725 00000 n 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. ` Thus, the bank could not sell us the unit. We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. Plaintiff seeks to enforce those indemnification provisions and recover legal fees. . CRESTWOOD HILLS ASSOCIATION VS JON M. LEADER, ET AL. CGC-16-553758 (Super. Finally, Spahi argues the second cause of action fails because he was not a party to the relevant contracts. 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. 0000305585 00000 n The podium of the building was a large parking garage with the homes beginning at 55 feet (17m) above sea level. 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 . *******0918, Plaintiffs Ex Parte Application for Appointment of Receiver. The appeals court affirmed the ruling on essentially the same grounds. Michael Eggenberger, a member of the New York State Bar, applies for admission pro hac vice as counsel for defendants Windsor Ocean Inc. and John Spahi. Century City-Westwood News Submitted by DMLP Staff on Tue, 09/23/2008 - 22:15, 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. In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. 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. Owners of more than 200 units filed individual actions and a putative class action was filed on behalf of the remaining unit owners. I'm happy to meet with you in person to discuss all the relevant facts. 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". 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. Proc. 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. %PDF-1.5 % of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191. Plaintiffs argument is unavailing, and Dept. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. . *******0918. Based on the investigation findings, the tower was imploded before construction completion. This opinion is written by the son of John Spahi. The motion is GRANTED. The Pride LA Dont Miss Your Last Chance to Experience CORTEO by Cirque du Soleil! Further, the court found that Stone may have had malice in publishing the disputed statement. 0000210630 00000 n During the forensic investigation, Walter P Moore performed a detailed evaluation and used computer modeling to analyze causation of failure, as well as predict future failure of structural elements. 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. Ocean Towers Housing Corporation Vs Seif Ascar As the Trustee of The 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. RABA-KISTNER CONSULTANTS, INC. v. OCEAN TOWER, L. P. AND ANTUN T. DOMIT In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. 0000008359 00000 n Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. ], 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. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. Proc. 0000043094 00000 n 8. 2021-06-22. The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. 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. CRAIG T. KOJIMA / CKOJIMA@STARADVERTISER.COM. 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 purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. 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. Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. Finally, one place to get all the court documents we need. Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". Cases, Dockets and Filings in New Jersey 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. Cal. " 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." . GRANTED, contingent on service on the State Bar. He argues a significant risk of contradictory rulings in the two actions and that a stay will not conflict with the courts prior demurrer ruling because the demurrer ruling was based on the primary right doctrine, whereas this motion seeks to apply the broader exclusive concurrent jurisdiction doctrine. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. Yelp, Inc. v. Hadeed Carpet Cleaning, Inc. Massachusetts Bay Transportation Authority v. Anderson, Kessler International v. Citizen Media Law Project, New York County v. Twitter, Inc. (subpoena), Suffolk County District Attorney's Office v. Twitter, Inc. (subpoena), Seven Years of Serving and Studying the Legal Needs of Digital Journalism, DMLP Announcement: A New Report on Media Credentialing in the United States. SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. 0000002573 00000 n [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. 0000010581 00000 n Cal. Clients Section 128.7 does not apply to disclosures and discovery requests, responses, objections, and motions. Cal. Laura S. Lehman v. Transbay Joint Powers Authority, et al., No. 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 could seek to enforce the purchase agreements, even if plaintiff did not allege defendants misused their positions as HOA directors. Filed: April 28, 2023 as 2:2019cv06106. 0000231229 00000 n 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). 0000007824 00000 n 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. Court's Privacy Ruling Break the Internet? 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. . {MCS}, Subscribe to our content! hUQo0+=0N8RtHkhxHL!AI?M e]SYV;by@Q0?>xU RxL)PNp%pWJdynE)0Z0}r*:*yV(b E(0MP4-E^IvldN~ R-9;RMs~7_qZ*- %`o0l8or [6][7][8] The official explanation was that the parking garage and the tower were mistakenly built connected, forcing the weight down upon the garage instead of on the tower's core. 0000010806 00000 n 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. A motion for sanctions brought for an improper purpose shall itself be subject to a motion for sanctions. Cal. 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.
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