The second and third causes of action seek to enforce plaintiffs alleged right to indemnification under the purchase agreement. 2022-09-02, Los Angeles County Superior Courts | Property | of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191. (All Cash) Because the board was totally controlled by Spahi he would not approve our application for the co-op. Since section 128.7(g) explicitly exempts discovery responses from its scope, a request for sanctions for such conduct is not well taken. *******0918. 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. 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. Investors sue developer of 2 planned Honolulu condo towers A posted article about Ocean towers contains a ton of false information, I'd love a chance to discuss with the author and set the record straight. Construction activity ceased immediately because of the public safety risk and potential for partial collapse. 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. Further, the court found that Stone may have had malice in publishing the disputed statement. And anyone who challenges him is immediately sued," she said.". The Judge overseeing this case is MARC D. GROSS. O of this court, alleging John Spahi engaged in a scheme to fraudulently transfer title of various units in the complex to himself through sales to alter egos. 0000184153 00000 n According to the buildings website, Spahis father, John, serves on the Ocean Towers board of directors as secretary. 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. It Is the Second Consecutive Year the Hotel Was Recognized by the Awards. "there is sufficient evidence to show misappropriation of funds," she said. 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. https://www.fiverr.com/seoservice35/make-390-dofollow-backlinks-manually-blog-comments-low-obl. I'm happy to . Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues, Hear Ye, Hear Ye! The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . ;128.7(h). GRANTED. 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. 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. Both surviving causes of action are based on an alleged breach of written purchase agreements subject to a four-year statute of limitations. Ocean Towers provides financial statements every year to show ALL distribution of fund. ] Cal. John Spahi was never CEO of Ocean Towers. The parties subsequently drafted, negotiated and executed a series of settlement documents. Proc. The original action was converted to a direct action by the HOA in 2019. Or maybe Raba did not analyze "group pile" settlement models? We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. [2], Construction was halted in the summer of 2008. LEONARD LUDOVICO VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION. (the original action) pending in Dept. DALE S. FISCHER, District Judge.. 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. Proc. [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). STIPULATED JUDGMENT. 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. will keep Verizon from solving a "significant gap in its coverage," triggering . Traffic, ITS, and Transportation Planning. ), TJPA reaches global settlement in Millennium Tower litigation. The HOA filed a fifth amended complaint (5AC) in the original action on October 16, 2019. Cal. "The banks will not finance it and no one wants to buy into a lawsuit. In 2008 construction was halted when large cracks were observed in parking garage walls and in beams in the hi-rise. GRANTED. 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 . . Dont Miss Your Last Chance to Experience CORTEO by Cirque du Soleil! 0000006486 00000 n Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. 1332 Diversity-Product Liability. Ocean Tower Settlement and Implosion - Blogger If the conditions for exclusive concurrent jurisdiction exist, the issuance of a stay order is a matter of right. People ex rel Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 772. The nearby Texas Park Road 100 was closed on safety grounds just before the building was set to be razed. 0000003246 00000 n 0000002989 00000 n Case Number: *******0918 Hearing Date: March 12, 2020 Dept: P. Plaintiff HOA alleges defendant Spahi used his position as the HOAs controlling director to engineer sham sale agreements under which the HOA sold units to Spahi and his alter egos for less than market value. 0000002075 00000 n Code of Civ. Cancellation and Refund Policy, Privacy Policy, and In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. Spahi moves to stay the current action based on exclusive concurrent jurisdiction with the original action. He straight out explained to us that the above was the reason that we were not getting approved. Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". 4. [1][2], The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. HAPI FOUNDATION, ET AL. . Transbay Joint Powers Authority (TJPA), et al. Spahi argues new allegations in the 5AC mandate this case be stayed under the rule of exclusive concurrent jurisdiction. "Prestige property at 201 Ocean Ave. has completed three years of litigation". When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. . 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. TAHER SPAHI, ET AL. 01/22/2020 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference, Amended Objections to Plaintiff's Notice of Deposition of Person Most Qualified at Defendant Windsor Ocean, Inc.; Filed by Windsor Ocean, Inc. (Defendant), Notice of Ruling; Filed by Ocean Towers Housing Corporation (Plaintiff), at 08:30 AM in Department P; Case Management Conference - Held - Continued, at 08:30 AM in Department P; Hearing on Motion to be Admitted Pro Hac Vice - Held - Motion Granted, at 08:30 AM in Department P; Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held - Motion Granted, Minute Order ( (Case Management Conference; Defendant John Spahi's Demurrer -)); Filed by Clerk, Declaration (of Herbert Nacion re: Payment and Submission of Pro Hac Vice Application to State Bar of CA); Filed by John Spahi (Defendant), at 08:30 AM in Department R, Marc D. Gross, Presiding; Case Management Conference - Not Held - Vacated by Court, JOHN 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), Answer; Filed by Windsor Ocean, Inc. (Defendant), Proof of Personal Service; Filed by Ocean Towers Housing Corporation (Plaintiff), First Amended Complaint For: 1. When the issues in two actions are substantially the same and individual suits might result in conflicting judgments, the doctrine applies even if there is not complete identity of parties and causes of action. 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. Based on the investigation findings, the tower was imploded before construction completion. 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. Cases, Dockets and Filings in New Jersey In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. Breach of Contract; and 3. O of this court, alleging John Spahi engaged in a scheme to fraudulently transfer title of various units in the complex to himself through sales to alter egos. Palisades News. Contact: Doug Elmets. 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. If you are interested, please contact us for more details. 0000058586 00000 n hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. 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.
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