According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. hb```f``R``b``cg@ ~3I6iDXt!5]AE"34Et'q{1q{(9:iF b>@ QDI [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. 0000010806 00000 n (916 . The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. The language does not affirmatively state any of the identified categories exists but is a broad denial that neither defendant nor anyone associated with defendant harmed plaintiff. This place is a mess and we are so greatful that our escrow never closed. 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. [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. He straight out explained to us that the above was the reason that we were not getting approved. But if you're a newcomer to our beautiful island you need to know that it is illegal to wear a necktie on South Padre Island. 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. Public Records Policy. Defendants argue Spahi was not a party to the purchase agreements. 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). " 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." . To read this as a knowing misrepresentation under ;128.7 would require a narrow, counterintuitive reading. (All Cash) Because the board was totally controlled by Spahi he would not approve our application for the co-op. Enjoy luxury . 0000001976 00000 n it is beyond the jurisdictional authority of. Zachary however was later dismissed from the lawsuit. [11][5] By this time more than 100 of the condominiums had been sold. ;128.7. ;128.7(h). %PDF-1.5 % 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. 0000119652 00000 n The judge appointed attorney David Calvillo as receiver over the couple's community prop-erty. In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . OCEAN TOWERS HOUSING CORPORATION VS SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST, ET AL. Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues, Hear Ye, Hear Ye! "That $11 million has never been accounted for," one resident told us. Comments 1 | Recommend 0 . As an alternative reason for dismissal, Stone argued that his statements were priviliged because they litigation or were protected communications between parties who share an "interest" in an In a hearing conducted on June 13, Los Angeles Superior Court Judge Marian Kohl said that she was inclined to appoint a receiver. 2021-06-25, California Courts Of Appeal | Other | Cal. 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. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. . 0000262322 00000 n hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. ClassifiedsDirectoryAboutContactAdvertise, Prestige property at 201 Ocean Ave. has completed three years of litigation. Copyright 2007-22 Digital Media Law Project and respective authors. Both surviving causes of action arise out of an alleged contract breach. 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. 0000010410 00000 n . Follow us on Twitter. "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. Filed: April 28, 2023 as 2:2019cv06106. hbbd``b`j@ H0G @H L@ 3 Plaintiff may amend to allege the date of the alleged repudiation. P, Ocean Towers Housing Corporation v. John Spahi et al., Case No. 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.. Proc. 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. In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. . The second two causes of action are based on a primary right not involved in the 2015 action. Case Number: *******0918 Hearing Date: July 31, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al., Case No. 0000137496 00000 n Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. Proc. The Retro-style Diner Will Open Shop Back Up on Wilshire Boulevard and Expand Into the Old Vienna Bakery Space. CRESTWOOD HILLS ASSOCIATION VS JON M. LEADER, ET AL. 0000230961 00000 n It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. 0000140158 00000 n Will E.U. When courts apply sanctions, they are generally to be imposed in an incremental approach, with terminating sanctions being the last resort., 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[. SMart (Santa Monica Architects for a Responsible Tomorrow) Last weeks column was Part 1. 0000003246 00000 n They are contractual and do not depend on any allegation of fraud or undue influence by HOA directors. ` assigned for hearing and determination to one department of the superior court by the presiding judge . 0000003831 00000 n ), TJPA reaches global settlement in Millennium Tower litigation. Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. I'm happy to meet with you in person to discuss all the relevant facts. The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. U.S. BANK, N.A. v. OCEAN TOWERS HOUSING CORPORATION - Leagle 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. The developers of the Ocean Tower condominiums on South Padre Island have filed suit in Cameron County, claiming fraud on behalf of three firms involved with the engineering and construction of the high-rise building. Los Angeles County Superior Courts | Property | Ocean Towers Has Been Falsely Portrayed, Reports One Homeowner On 05/13/2019 OCEAN TOWERS HOUSING CORPORATION filed a Contract - Other Contract lawsuit against SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST,. 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. 0000006977 00000 n The cases involved complex legal and technical issues regarding the cause of the movement and tilt of the tower and other alleged damage to the tower, mechanisms and costs to upgrade the tower's original foundation system and responsibility for the damages claimed by plaintiffs.Total recoveries sought against TJPA exceeded more than $1 billion. 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. The use of expandable clay, which compresses when weight is applied to it, compounded the issue and allowed the parking garage to remain relatively unsettled compared to the tower itself. And the best part of all, documents in their CrowdSourced Library are FREE! PDF Pro se litigants in the code of judicial conduct - NCSC Stone appealed to California's Second Appellate District. Proc. 0000010374 00000 n Calvillo immediately took control of the Ocean Tower settlement proceeds and placed them in a "Receivership Account" at Inter National Bank. [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. 0000103877 00000 n The prior demurrer ruling does not require denial of this motion. The HOA moves for an order striking Windsors answer and entering default. The court also explicitly rejected the "interest" privilege, which Stone argued had not been addressed in the trial court. 3. " The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009. 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. People ex. The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. We attempted to purchase a foreclosed unit that was precious owned by John Spahi. 2022-09-02, Los Angeles County Superior Courts | Property | A trial court reportedly dismissed the lawsuit. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. As a result, Spahi claimed loss of rental income and an inability to sell one of his units for $2.2 million. . Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. hXrH}+Q$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(. The complaint does not state when defendants allegedly repudiated their obligation to indemnify. Joe Orlando was his henchman. 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. [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. 0000007669 00000 n The judge's order authorized Calvillo to take "charge and posses- [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). LA COURT CONNECT IS NOW AVAILABLE. 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. 0000002573 00000 n Cases, Dockets and Filings in New Jersey ;128.7 by stating in its answer answering Defendant denies that Plaintiff has or will sustain any damage or loss by reason of any act or omission of this answering Defendant, or its agent, employees, servants, officers, directors, shareholders, representatives or otherwise. Plaintiff argues this constitutes a representation that defendant has employees .