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. has not been finally disposed of . [1][2], The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. According to filings in the case, in a posting on his website The Ocean View, Stone accused . TAHER SPAHI, ET AL. The following is just some of the information that is false. " 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." . Yo! The hi-rise included a 4-level parking garage immediately adjacent and connected to it. According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. 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 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. The current action alleges Spahi is responsible for paying any judgment that may be awarded against the HOA arising from his alter egos purchase of the units, due to the purchase agreements indemnification provisions. A motion for sanctions brought for an improper purpose shall itself be subject to a motion for sanctions. Cal. Finally, one place to get all the court documents we need. Venice 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. 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 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. Plaintiff seeks to enforce those indemnification provisions and recover legal fees. 0000009967 00000 n No punitive damages may be recovered even if the facts alleged complaint amount to fraud. 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. . This action is stayed pending the outcome of the 2015 action. Joe Orlando was his henchman. Judicial Foreclosure; Filed by Ocean Towers Housing Corporation (Plaintiff); Ocean Towers Housing Corporation (Plaintiff), Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk, Civil Case Cover Sheet; Filed by Ocean Towers Housing Corporation (Plaintiff), Complaint; Filed by Ocean Towers Housing Corporation (Plaintiff), Summons (on Complaint); Filed by Ocean Towers Housing Corporation (Plaintiff), Notice of Case Assignment - Unlimited Civil Case; Filed by Clerk, Notice of Case Management Conference; Filed by Clerk. 0000004747 00000 n 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. 2022-02-14, California Courts Of Appeal | Other | Based on the investigation findings, the tower was imploded before construction completion. Hawaii Ocean Plaza rendering. Code of Civ. 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. endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream 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. Thus, the bank could not sell us the unit. 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. OVERRULED as to the second and third causes of action but SUSTAINED without leave to amend as to the first cause of action. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. 0000262322 00000 n officers, directors, shareholders, when Windsor knew it had none. 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. 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. Proc. In August 2019, the parties informed the court that a tentative and conditional global settlement was agreed upon. Code of Civ. Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. Contact: Doug Elmets. [5][6] The proposed fixes would have the garage beams separated from the tower, and new columns to be placed under the beams. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. Palisades News. Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. 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. 4. The judge appointed attorney David Calvillo as receiver over the couple's community prop-erty. The motion is GRANTED. When courts apply sanctions, they are generally to be imposed in an incremental approach, with terminating sanctions being the last resort. Dept. Plaintiffs argument is unavailing, and Dept. This man controlled who was able to buy and sell in his building. 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. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. Cause Of Action: 28 U.S.C. The HOA filed a fifth amended complaint (5AC) in the original action on October 16, 2019. Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. 0000089433 00000 n Enjoy luxury . Laura S. Lehman v. Transbay Joint Powers Authority, et al., No. 0000137496 00000 n They are contractual and do not depend on any allegation of fraud or undue influence by HOA directors. This is not well-taken. 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. Further, the court found that Stone may have had malice in publishing the disputed statement. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. 41 0 obj <>/Filter/FlateDecode/ID[<9AE8F4DA070C105AF9C84CF8D5A2177A><816DFA2E18CBA5439B6EC8283FD421D2>]/Index[33 22]/Info 32 0 R/Length 60/Prev 39087/Root 34 0 R/Size 55/Type/XRef/W[1 2 1]>>stream 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. In August 2009, while the divorce remained pending, the Ocean Tower Lawsuit settled. The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. Finally, plaintiff argues defendant wrongfully designated Omar Spahi as Windsors PMQ and made false representations in interrogatory responses. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. Cancellation and Refund Policy, Privacy Policy, and Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. [5] Units were to retail for $2 million. 2021-06-22. ge9O^Vr|9o+tE@sDkth%U&8ViY?=eI(ekTj17Z78]/b,?u:N}(kaYC9fh31]2zg()M Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. P, Ocean Towers Housing Corporation v. John Spahi et al., Case No. . When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. 0000314725 00000 n Defendant seeks sanctions against plaintiff, arguing this motion was brought for an improper purpose. 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. Due to popular demand the Berkman Klein Center is keeping the website online, but. OCEAN TOWERS HOUSING CORPORATION VS SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST, ET AL. When 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 over the subject matter and all parties until all necessarily related matters have been resolved. In November 2008. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. Tree of Life Memorial In Palisades Park Celebrates Life of Marissa Rubin, Wife of Jerry Rubin. 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. Os rejection of the notice of related case is not preclusive. hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. HOPKINS v. This place is a mess and we are so greatful that our escrow never closed. ] Cal. ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. "No one can sell their units with this dispute going on," another resident told us. 0000210744 00000 n The podium of the building was a large parking garage with the homes beginning at 55 feet (17m) above sea level. The two cases do involve different defendants, different causes of action and different primary rights. In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . Additionally, even if the court accepted plaintiffs interpretation, plaintiff does not adequately justify imposition of such an extreme remedy as entry of default. 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. Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. 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. On October 7, 2020, the court entered an order finding all conditions to be met and the global settlement to be final and effective. Motion to Strike Punitive Damages Allegations. Transbay Joint Powers Authority (TJPA), et al. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. The litigation is still on-going and the matter has not been adjudicated fully yet. 0000103877 00000 n Clients 0000119652 00000 n 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. Will E.U. 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. Westside Today Cal. Why is this public record being published online? Plaintiff argues the primary right in the 2015 action is the HOAs right to be governed by a board that fulfills its fiduciary duties, while the 2019 action involves the boards right to enforce its written agreements with Spahi. Plaintiffs sued the tower's developer and adjacent property owners, including Jones Day's client, TJPA. Spahi demurs to plaintiffs three causes of action, arguing the claims alleged must have been brought in the 2015 lawsuit due to the primary right doctrine. The Pride LA Zachary however was later dismissed from the lawsuit. Code of Civ. 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. 2020-12-03, Los Angeles County Superior Courts | Other | 0000001296 00000 n While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. John Spahi was never CEO of Ocean Towers. Pursuant to the settlement, all claims against TJPA were dismissed with prejudice. Id. C4D~5}5?&R o*@RA?CJ$^S[sn 1ka8Yg/{Q~=Lx(:s>M\7?W Kt 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. Relief Based on Rescission; 2. Ocean Tower accuses the firms of fraud and/or gross negligence and is seeking $125 million in damages. 11/15/2019: Objection - AMENDED OBJECTIONS TO PLAINTIFF'S NOTICE OF DEPOSITION OF PERSON MOST QUALIFIED AT DEFENDANT WINDSOR OCEAN, INC. 11/13/2019: Declaration - DECLARATION OF HERBERT NACION RE: PAYMENT AND SUBMISSION OF PRO HAC VICE APPLICATION TO STATE BAR OF CA, 11/13/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; DEFENDANT JOHN SPAHI'S DEMURRER -), 11/5/2019: Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT, 11/5/2019: Reply - DEFENDANT JOHN SPAHIS REPLY IN SUPPORT OF HIS REQUEST FOR JUDICAL NOTICE, 11/5/2019: Request for Judicial Notice - DEFENDANT JOHN SPAHIS SECOND REQUEST FOR JUDICAL NOTICE IN SUPPORT OF DEFENDANTS JOHN SPAHIS DEMURRER TO THE FIRST AMENDED COMPLAINT, 11/5/2019: Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT, 10/18/2019: Request for Entry of Default / Judgment, 10/22/2019: Request for Entry of Default / Judgment, 10/28/2019: Objection - OBJECTION TO DEFENDANT JOHN SPAHI'S REQUEST FOR JUDICIAL NOTICE FILED IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT, 10/28/2019: Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S DEMURRER TO THE FIRST AMENDED COMPLAINT, 10/28/2019: Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S MOTION TO STRIKE PUNITIVE CLAIM FROM FIRST AMENDED COMPLAINT, 10/15/2019: Response - RESPONSE TO PLAINTIFF OCEAN TOWERS HOUSING CORPORATION'S EX PARTE APPLICATION FOR AN ORDER CONTINUING HEARING DATE), 10/15/2019: 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, Hearing01/22/2020 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference, DocketAmended Objections to Plaintiff's Notice of Deposition of Person Most Qualified at Defendant Windsor Ocean, Inc.; Filed by Windsor Ocean, Inc. (Defendant), DocketNotice of Ruling; Filed by Ocean Towers Housing Corporation (Plaintiff), Docketat 08:30 AM in Department P; Case Management Conference - Held - Continued, Docketat 08:30 AM in Department P; Hearing on Motion to be Admitted Pro Hac Vice - Held - Motion Granted, Docketat 08:30 AM in Department P; Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held - Motion Granted, DocketMinute Order ( (Case Management Conference; Defendant John Spahi's Demurrer -)); Filed by Clerk, DocketDeclaration (of Herbert Nacion re: Payment and Submission of Pro Hac Vice Application to State Bar of CA); Filed by John Spahi (Defendant), Docketat 08:30 AM in Department R, Marc D. Gross, Presiding; Case Management Conference - Not Held - Vacated by Court, DocketJOHN SPAHI?S REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT; Filed by John Spahi (Defendant), DocketAnswer; Filed by Windsor Ocean, Inc. (Defendant), DocketProof of Personal Service; Filed by Ocean Towers Housing Corporation (Plaintiff), DocketFirst Amended Complaint For: 1. "there is sufficient evidence to show misappropriation of funds," she said."