We tried buying other condo units there and kept getting rejected from the coop also. Submitted by DMLP Staff on Tue, 09/23/2008 - 22:15, Ocean Towers Housing Corp., the owner of an apartment building in Santa Monica, California filed a defamation lawsuit against one of its tenants Richard Stone, who accused the company of breaching its fiduciary duty to its shareholders. Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". 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. They are contractual and do not depend on any allegation of fraud or undue influence by HOA directors. The court also explicitly rejected the "interest" privilege, which Stone argued had not been addressed in the trial court. Lawsuit: Jade Ocean Condo Developer Stole from Project Lenders - CCFJ A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. 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. 0000001296 00000 n Michael Eggenberger, a member of the New York State Bar, applies for admission pro hac vice as counsel for defendants Windsor Ocean Inc. and John Spahi. endstream endobj 37 0 obj <>stream Plaintiffs Motion for Sanctions against Windsor Housing, Inc. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. Due to popular demand the Berkman Klein Center is keeping the website online, but. *******0918. 0000004091 00000 n Although the facts of the case are not disclosed and difficult to obtain, the lawsuit does reveal that the exploratory borings were no deeper than 100 feet, and the design pile depth was 95 feet in the final construction drawings. https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. and the proceeding . "We believe that he used the money to acquire more units for himself because he appointed himself CEO of the co-op corporation and could do whatever he wanted or felt he could. ], Punitive damages may not be granted in an action based on breach of contract, even if the defendants breach was willful or fraudulent., Michael Eggenberger, a member of the New York State Bar, applies for admission, Pursuant to California Rules of Court 9.40, an application for appearance. The complaint does not state when defendants allegedly repudiated their obligation to indemnify. 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. In November 2008. The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. Cal. Owners of more than 200 units filed individual actions and a putative class action was filed on behalf of the remaining unit owners. Case Number: *******0918 Hearing Date: July 31, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al., Case No. 'Leaning tower of South Padre' to be torn down - Chron Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. Ocean Tower Failure Analysis | Walter P Moore " 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." . This is not well-taken. endstream endobj startxref The motion is GRANTED. Ocean Towers provides financial statements every year to show ALL distribution of fund. %PDF-1.5 % 2021-06-22. PDF EFORE THE STATE COMMISSION ON JUDICIAL CONDUCT - Texas 0000137496 00000 n 0000074857 00000 n DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. PDF Pro se litigants in the code of judicial conduct - NCSC Saturday, October 10, 2009 Ocean Tower Settlement and Implosion In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . Though the developers initially vowed to fix the problem, studies discovered that repairs would have been too expensive, and plans for its demolition were announced in September 2009. 0000211211 00000 n . VS KB VISION FOUNDATION, ET AL. The . This litigation, involving a signature project in San Francisco with a number of well-known unit owners, including former 49ers' quarterback Joe Montana, was featured on a segment on 60 Minutes and heavily covered by local and national print and broadcast media. 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. 0000119652 00000 n U.S. BANK, N.A. v. OCEAN TOWERS HOUSING CORPORATION - Leagle These easy peasy blog commenting tips will drive mad traffic to your blog. 0000103877 00000 n The truthfulness and accuracy of such information is likely to be in dispute. He straight out explained to us that the above was the reason that we were not getting approved. 0000305624 00000 n In June 2008, Domit filed a lawsuit to recover damages from the failed Ocean Tower develop-ment project in which one of his companies was involved. Ocean Tower Spi - Other Texas Places - Houston Architecture The judge's order authorized Calvillo to take "charge and posses- Though alter ego liability is alleged in both claims, those allegations are distinct from the primary right central to each claim. 1. Code of Civ. The following is just some of the information that is false. 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. The podium of the building was a large parking garage with the homes beginning at 55 feet (17m) above sea level. 0000001976 00000 n Proc. According to the buildings website, Spahis father, John, serves on the Ocean Towers board of directors as secretary. The HOA argues Windsors counsel, Pierce Bainbridge, assisted in the fraud by designating Spahis son Omar as Windsors PMQ, though he had no knowledge of Windsors structure or dealings, and by filing an answer that allegedly claimed Windsor followed corporate formalities. Finally, one place to get all the court documents we need. "The banks will not finance it and no one wants to buy into a lawsuit. 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 Pursuant to the settlement, all claims against TJPA were dismissed with prejudice. I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. Both surviving causes of action arise out of an alleged contract breach. [2], Construction was halted in the summer of 2008. The notice of related cases was denied without prejudice. Code of Civ. 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 . The Retro-style Diner Will Open Shop Back Up on Wilshire Boulevard and Expand Into the Old Vienna Bakery Space. Joe Orlando was his henchman. 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. 0000006977 00000 n (the original action) pending in Dept. 0000006486 00000 n ClassifiedsDirectoryAboutContactAdvertise, Prestige property at 201 Ocean Ave. has completed three years of litigation. The completed building would stand 445 feet (136m) tall and be one of the tallest structures in the Rio Grande Valley. . 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. 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. The HOA argues Windsors discovery responses show it is an alter ego of Spahi existing for the purpose of perpetrating fraud upon the HOA. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. 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.". Courts determining whether a court has exclusive concurrent jurisdiction apply an expansive subject matter test which considers whether the two actions arise from the same transaction. Plant Insulation Co. v. Fireboard Corp. (1990) 224 Cal.App.3d 781, 789. 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. 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).
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