0000210744 00000 n 0000002573 00000 n 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(. According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. 0000003831 00000 n Defendants concede plaintiff pleads alter ego liability, but argue alter ego cannot be alleged both in this action and the 2015 action due to the primary right doctrine. The HOA filed a fifth amended complaint (5AC) in the original action on October 16, 2019. The second and third causes of action seek to enforce plaintiffs alleged right to indemnification under the purchase agreement. Column: Reusing Buildings for the Benefit of All, Column: SB 9 Ended R-1 Zoning, but Its Not Meeting Goals. OCEAN TOWERS HOUSING CORPORATION VS SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST, ET AL. 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. A trial court reportedly dismissed the lawsuit. Will E.U. Ocean Tower - Wikipedia In 2015, an HOA shareholder filed a derivative complaint against Spahi and his alleged alter egos and co-conspirators, alleging breach of his duties as director and fraud on the HOA. PDF EFORE THE STATE COMMISSION ON JUDICIAL CONDUCT - Texas Welcome to the website of the Digital Media Law Project. There is no Misappropriation of Funds, and John Spahi is not the CEO, for starters. 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. 23. (916 . 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. And anyone who challenges him is immediately sued," she said. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. 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. STIPULATED JUDGMENT. Proc. 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. In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . [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). This litigation, involving a signature project in San Francisco with a number of well-known unit owners, including former 49ers' quarterback Joe Montana, was featured on a segment on 60 Minutes and heavily covered by local and national print and broadcast media. hbbd``b`j@ H0G @H L@ 3 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. GRANTED. 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. Dont Miss Your Last Chance to Experience CORTEO by Cirque du Soleil! According to filings in the Heyman Densmore,;Roger P. Heyman; James K.T. 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. Code of Civ. And the best part of all, documents in their CrowdSourced Library are FREE! endstream endobj 37 0 obj <>stream 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. Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! Donald Trump settles lawsuit over Baja condo resort that went bust This action is stayed pending the outcome of the 2015 action. The three-judge panel was made up of Court of Appeals Justices Dennis M. Perluss and Fred Woods as well as Los Angeles Superior Court Judge John L. Segal. 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. "That $11 million has never been accounted for," one resident told us. 0000001976 00000 n Due to popular demand the Berkman Klein Center is keeping the website online, but. 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. Westside Today 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. 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. South Padre Island's Ocean Tower Highrise Condo To Be Imploded 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. The notice of related cases was denied without prejudice. These easy peasy blog commenting tips will drive mad traffic to your blog. 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. Venice TAHER SPAHI, ET AL. 0 A plaintiff cannot divide a primary right and enforce it in two suits, including when the first suit is still pending when the second is filed[. If you do not agree with these terms, then do not use our website and/or services. It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. The HOA argues Windsors discovery responses show it is an alter ego of Spahi existing for the purpose of perpetrating fraud upon the HOA. This action involves plaintiffs contractual rights, while the 2015 action concerns plaintiffs right to be free from fraudulent/disloyal conduct by directors. Proc. Contact: Doug Elmets. We tried buying other condo units there and kept getting rejected from the coop also. 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. Code of Civ. will keep Verizon from solving a "significant gap in its coverage," triggering . Plaintiff may amend to allege the date of the alleged repudiation. Enjoy luxury . Copyright 2007-22 Digital Media Law Project and respective authors. 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. at 788. 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. Hawaii Ocean Plaza rendering. Proc. [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. Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. Spahi v. Superior Court of Los Angeles County et al. 33 0 obj <> endobj Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. 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 .
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