I'm happy to meet with you in person to discuss all the relevant facts. 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. 23. 2021-06-22. 0000210630 00000 n SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. Plaintiff argues defendant violated Cal. 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. "there is sufficient evidence to show misappropriation of funds," she said." This caused increasing levels of damage to the structural system due to load redistribution and overload of structural elements. The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . I think 401 16-inch diameter auger-cast piles were revealed to be under the hi-rise building footprint. While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. Westside Today Copyright 2023. Finally, one place to get all the court documents we need. Finally, Spahi argues the second cause of action fails because he was not a party to the relevant contracts. [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. 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. A lone drill rig sits at the stalled construction site for Hawaii City Plaza at 730 Sheridan St. Prev Next. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. trailer <<62DD41D1A9AC4D93B41AD3F841D72D45>]/Prev 870850>> startxref 0 %%EOF 124 0 obj <>stream {MCS}, Subscribe to our content! Ct. San Francisco Cty., Cal. ] Plaintiffs argument fails. will keep Verizon from solving a "significant gap in its coverage," triggering . Proc. In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . Q8TVcqJpb8w`zE[k*F;7IeP$qE7MdvPbMnbfuIbR + d[ylmB*[$[$derXF- According to the appellate courts ruling, Spahi believed representatives of Isen Investments attempted to exploit his financial difficulties to obtain his Ocean Tower units at artificially depressed prices., Specifically, Spahi alleged Isen Investments informed prospective buyers and tenants both him and his family were thieves, crooks and swindlers.. Case No. [6][9][14][1], The implosion was watched by a large crowd, many of whom stayed in local hotels and visited restaurants in the area. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. South Padre Island's Ocean Tower Highrise Condo To Be Imploded The hi-rise included a 4-level parking garage immediately adjacent and connected to it. July 10, 2008 - 5:40PM. 0000184153 00000 n 0000007695 00000 n Defendant seeks sanctions against plaintiff, arguing this motion was brought for an improper purpose. Follow us on Twitter. If you are interested, please contact us for more details. 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. 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. The appeals court affirmed the ruling on essentially the same grounds. Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. WHEREAS, U.S. Bank, N.A., as Trustee of the Thornburg Mortgage Securities Trust 2007-2 ("USB") and Ocean Towers Housing Corporation ("OTHC") entered into a Settlement Agreement and Release ("Agreement") dated January 8, 2020 for the purpose of resolving by compromise settlement all claims, liabilities, and disputes between them relating to . It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. CGC-16-553758 (Super. Therefore, under. Further, the court found that Stone may have had malice in publishing the disputed statement. Proc. The proclamation read 'The very . OCEAN TOWERS HOUSING CORPORATION VS JOSEPH ORLANDO, III, ET AL. The same panel also concluded that settlement had not changed Millennium Tower's capability of resisting major earthquakes and the upgrade will increase that capability. 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. Ocean Tower SPI was an unfinished, 31-story condominium in South Padre Island, Cameron County, Texas, United States, that was imploded when it was deemed unsafe to remain standing. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR VIA COURT CALL WHENEVER POSSIBLE. Brentwood News P, Ocean Towers Housing Corporation v. John Spahi et al., Case No. Defendants argue Spahi was not a party to the purchase agreements. The original action was converted to a direct action by the HOA in 2019. 0000058586 00000 n Ocean Towers Lawsuit Permitted To Go Forward: - SM Mirror The second and third causes of action seek to enforce plaintiffs alleged right to indemnification under the purchase agreement. 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. ;128.7(b)(1), (4). 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. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. The HOA could seek to enforce the purchase agreements, even if plaintiff did not allege defendants misused their positions as HOA directors. If you'd like to subscribe to additional lists, please select any here! TAHER SPAHI, ET AL. Cancellation and Refund Policy, Privacy Policy, and If you do not agree with these terms, then do not use our website and/or services. 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? Welcome to the website of the Digital Media Law Project. The truthfulness and accuracy of such information is likely to be in dispute. 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. "That $11 million has never been accounted for," one resident told us. of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191. 33 0 obj <> endobj Will E.U. No punitive damages may be recovered even if the facts alleged complaint amount to fraud. Ocean Tower Settlement and Implosion - Blogger Also alleged: the firm stated the units owned by Spahi and his family were about to be auctioned off in bankruptcy court. 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. It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. The litigation is still on-going and the matter has not been adjudicated fully yet. Thus, Spahi argues, the cases are necessarily related, and the concurrent jurisdiction rule applies. 8. The Domits' company received approximately $3.5 million from the settlement. 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. ] Cal. In August 2019, the parties informed the court that a tentative and conditional global settlement was agreed upon. I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). Column: Reusing Buildings for the Benefit of All, Column: SB 9 Ended R-1 Zoning, but Its Not Meeting Goals. 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. The following is just some of the information that is false. I remember when I started blogging a few months ago; I would put in a lot of effort into writing good quality articles, post them on my blog and somehow expect the comments to start pouring in. 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. In 2015, an HOA shareholder filed a derivative complaint against Spahi and his alleged alter egos and co-conspirators. She continued the hearing to June 27 and recommended that the two parties, John Spahi and Michael Reach, attempt to settle their dispute. Defendant seeks to stay this action, arguing the 2015 action seeks to recover litigation fees and expenses incurred in the bank lawsuits, while the instant action seeks contractual indemnification of the same fees and expenses. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. OCEAN TOWERS HOUSING CORPORATION VS SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST, ET AL. . 2. " Code of Civ. DEAN ZANDER VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION, ET AL. 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. 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], After a month of structural testing the construction of Ocean Tower began on April 5, 2006. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. 0000314725 00000 n 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. 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