All to prevent us from getting approval for the original foreclosed unit. Century City-Westwood News 0000007824 00000 n Island Breeze. GRANTED, contingent on service on the State Bar. 0000314725 00000 n Defendant argues the 2019 action constitutes an improper attempt to divide this primary right, since both actions are brought by the HOA and are based on the same alleged scheme by Spahi. The original action was converted to a direct action by the HOA in 2019. 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. In a hearing conducted on June 13, Los Angeles Superior Court Judge Marian Kohl said that she was inclined to appoint a receiver. 0000134847 00000 n 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.". The Pride LA Jones Day represented Transbay Joint Powers Authority ("TJPA"), one of the primary parties in the Millennium Tower litigation, which is one of the highest profile litigation matters in the United States. STIPULATED JUDGMENT. VS KB VISION FOUNDATION, ET AL. Id. A trial court reportedly dismissed the lawsuit. [4] The location was to have allowed the residences to have views across the Gulf of Mexico and the Laguna Madre. . 0000008813 00000 n Breach of Contract; and 3. The truthfulness and accuracy of such information is likely to be in dispute. This opinion is written by the son of John Spahi. TJPA is a public agency responsible for a newly constructed Transit Center adjacent to the Millennium Tower. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. Finally, one place to get all the court documents we need. The notice of related cases was denied without prejudice. 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). Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. 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. Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. 0000211211 00000 n Defendant seeks sanctions against plaintiff, arguing this motion was brought for an improper purpose. ;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 . In May 2019 the HOA filed this complaint (the current action), alleging Spahi used alter egos to purchase several units (the same units at issue in the original action) from the HOA at prices far lower than their appraised value. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. Services: Failure Analysis / Structural Assessment and Strengthening / Litigation Support. ), TJPA reaches global settlement in Millennium Tower litigation. Finally, plaintiff argues defendant wrongfully designated Omar Spahi as Windsors PMQ and made false representations in interrogatory responses. 54 0 obj <>stream Under the transaction test from, By signing and filing a pleading or motion, an attorney certifies the filing is not being presented primarily for an improper purpose, and that [t]he denials of factual contentions are warranted on the evidence[. 2020-12-03, Los Angeles County Superior Courts | Other | 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. 2021-06-22. 0000305585 00000 n Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. "That $11 million has never been accounted for," one resident told us. Cancellation and Refund Policy, Privacy Policy, and The proclamation read 'The very . FAC at 47, 52. 0000009967 00000 n FEMA is the US government's Federal Emergency Management agency. Rel Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 774. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. These easy peasy blog commenting tips will drive mad traffic to your blog. Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191. Cause Of Action: 28 U.S.C. hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. 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 [2], Construction was halted in the summer of 2008. The litigation is still on-going and the matter has not been adjudicated fully yet. July 10, 2008 - 5:40PM. At the time of its controlled implosion in December 2009 the building weighed 55,000 short tons (50,000t), and it was the tallest reinforced concrete structure to be demolished in that way. 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. 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. 0000262322 00000 n "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. 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. 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. OCEAN TOWERS HOUSING CORPORATION VS SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST, ET AL. Additionally, the 5AC contains new allegations regarding damages stemming from bank lawsuits that were not operative when the demurrer was decided. Westside Today 0000010806 00000 n On October 7, 2020, the court entered an order finding all conditions to be met and the global settlement to be final and effective. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. Proc. Hawaii Ocean Plaza rendering. The prior demurrer ruling does not require denial of this motion. Plaintiff argues defendant violated Cal. . The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. Copyright 2023. 0000007060 00000 n If you do not agree with these terms, then do not use our website and/or services. The court also found that the litigation privilege didn't apply because both Stone and his comments were unrelated to the other Ocean Towers lawsuit. officers, directors, shareholders, when Windsor knew it had none. will keep Verizon from solving a "significant gap in its coverage," triggering . 2022-06-10, Los Angeles County Superior Courts | Contract | 0000058586 00000 n OVERRULED as to the second and third causes of action but SUSTAINED without leave to amend as to the first cause of action. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. 23. http://texasgeotechnicalengineer.blogspot.com/2010/01/ocean-tower-implosion-photos.html, https://www.fiverr.com/seoservice35/make-390-dofollow-backlinks-manually-blog-comments-low-obl. 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. 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. . This is all false, none of this has been alleged in any formal document in the case pending. ] Cal. Jones Day represented Transbay Joint Powers Authority ("TJPA"), one of the primary parties in the Millennium Tower litigation, which is one of the highest profile litigation matters in the United States. 2022-02-14, California Courts Of Appeal | Other | 0000007669 00000 n We also share information about your use of our site with our social media, advertising and analytics partners. https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. [9] Soon after, the building became known as the "leaning tower of South Padre" and was viewed as a looming eyesore.[6][10]. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The original action was converted to a direct action by the HOA in 2019. [1][2], The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. Ocean Towers Housing Corporation v. Superior Court of Los Angeles County et al. Id. Fortune International Group owes $1.5 million to a lender in the developer's luxury Jade Ocean high-rise condominium in Sunny Isles Beach, a Miami-Dade Circuit Court lawsuit claims. 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.

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