ocean tower lawsuit outcome

Case No. I'm happy to . Contact: Doug Elmets. Id. 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[. will keep Verizon from solving a "significant gap in its coverage," triggering . Q8TVcqJpb8w`zE[k*F;7IeP$qE7MdvPbMnbfuIbR + d[ylmB*[$[$derXF- John Spahi was never CEO of Ocean Towers. Cancellation and Refund Policy, Privacy Policy, and The second and third causes of action seek to enforce plaintiffs alleged right to indemnification under the purchase agreement. another department of the same court to interfere with the exercise of the power of the department to which the proceeding has been so assigned[. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. 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[. . A $125 million lawsuit over the failed . [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. . Cal. Filed: April 28, 2023 as 2:2019cv06106. ;128.7. 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. 75 0 obj <> endobj xref 75 50 0000000016 00000 n This is all false, none of this has been alleged in any formal document in the case pending. In a hearing conducted on June 13, Los Angeles Superior Court Judge Marian Kohl said that she was inclined to appoint a receiver. Proc. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Thirteenth District Decisions 2010 RABA-KISTNER CONSULTANTS, INC. v. OCEAN TOWER, L. P. AND ANTUN T. DOMIT--Appeal from 357th District. Objection - AMENDED OBJECTIONS TO PLAINTIFF'S NOTICE OF DEPOSITION OF PERSON MOST QUALIFIED AT DEFENDANT WINDSOR OCEAN, INC. 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). Ocean Towers Housing Corporation v. Superior Court of Los Angeles County et al. People ex. 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. 2022-02-14, California Courts Of Appeal | Other | 0 ;128.7 (g). 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. They reassured them "Your unit will be delivered, and the building will be stronger and safer than ever", stating that completion of the construction would be delayed by "6 to 9 months". GRANTED. 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. FEMA is the US government's Federal Emergency Management agency. Cause Of Action: 28 U.S.C. Can check for updates at the LA Superior Court link above. Island spokesman Dan Quandt described the event as "a very good short-term economic boost for South Padre Island". [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). The original action was converted to a direct action by the HOA in 2019. Transbay Joint Powers Authority (TJPA), et al. The HOA moves for an order striking Windsors answer and entering default. Ocean Tower Failure Analysis South Padre Island Texas Ocean Tower condominium was expected to be the highest structure of luxury living in the Rio Grande but instead dubbed the 'leaning tower of South Padre' because parts of it have sunk almost 16 inches, cracking beams and columns. This caused increasing levels of damage to the structural system due to load redistribution and overload of structural elements. Thus, Spahi argues, the cases are necessarily related, and the concurrent jurisdiction rule applies. 2020-12-03, Los Angeles County Superior Courts | Other | [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. WHEREAS, U.S. Bank, N.A., as Trustee of the Thornburg Mortgage Securities Trust 2007-2 ("USB") and Ocean Towers Housing Corporation ("OTHC") entered into a Settlement Agreement and Release ("Agreement") dated January 8, 2020 for the purpose of resolving by compromise settlement all claims, liabilities, and disputes between them relating to . Construction activity ceased immediately because of the public safety risk and potential for partial collapse. Both surviving causes of action arise out of an alleged contract breach. I can hypothesize, maybe Raba's engineer(s) thought the piles would be 100% skin friction piles but over-estimated the skin friction developed? Due to popular demand the Berkman Klein Center is keeping the website online, but. All to prevent us from getting approval for the original foreclosed unit. I think 401 16-inch diameter auger-cast piles were revealed to be under the hi-rise building footprint. 1. hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. Id. Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. 0000007824 00000 n Since section 128.7(g) explicitly exempts discovery responses from its scope, a request for sanctions for such conduct is not well taken. The nearby Texas Park Road 100 was closed on safety grounds just before the building was set to be razed. 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. A motion for sanctions brought for an improper purpose shall itself be subject to a motion for sanctions. Cal. Proc. Rel Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 774. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[580,400],'smobserved_com-medrectangle-3','ezslot_5',155,'0','0'])};__ez_fad_position('div-gpt-ad-smobserved_com-medrectangle-3-0'); 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. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. Comments 1 | Recommend 0 . The motion is GRANTED. Plaintiff argues defendant violated Cal. While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. Hawaii Ocean Plaza rendering. Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . (916 . The completed building would stand 445 feet (136m) tall and be one of the tallest structures in the Rio Grande Valley. Transbay Joint Powers Authority (TJPA), et al. 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. 0000144111 00000 n ], 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. Palisades News. SMart (Santa Monica Architects for a Responsible Tomorrow) Last weeks column was Part 1. 0000008359 00000 n [10] At 9am on December 13, 2009, the building was imploded by Controlled Demolition, Inc. By the time it fell the building weighed 55,000 short tons (50,000t) and is reported to be the tallest and largest reinforced concrete structure ever imploded. 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. 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.. 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. 0000006977 00000 n Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. Copyright 2023. The litigation is still on-going and the matter has not been adjudicated fully yet. 0000005896 00000 n Cal. If you are interested, please contact us for more details. The appeals court affirmed the ruling on essentially the same grounds. No punitive damages may be recovered even if the facts alleged complaint amount to fraud. 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(. He argues a significant risk of contradictory rulings in the two actions and that a stay will not conflict with the courts prior demurrer ruling because the demurrer ruling was based on the primary right doctrine, whereas this motion seeks to apply the broader exclusive concurrent jurisdiction doctrine. TAHER SPAHI, ET AL. DEAN ZANDER VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION, ET AL. Los Angeles County Superior Courts | Property | Enjoy luxury . 2021-06-25, California Courts Of Appeal | Other | "That $11 million has never been accounted for," one resident told us. Column: Reusing Buildings for the Benefit of All, Column: SB 9 Ended R-1 Zoning, but Its Not Meeting Goals. TJPA is a public agency responsible for a newly constructed Transit Center adjacent to the Millennium Tower. Pier supports in the shifting clay more than 100 feet (30m) underground began buckling, stressing beams and columns, causing cracking, spalling, and breaking, eventually causing the building to lean towards the northwest corner, cracking the wall of the adjacent garage, which abuts the tower. In August 2009, while the divorce remained pending, the Ocean Tower Lawsuit settled. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. Hunter, Superior Court of Los Angeles County; California Court of Appeal, Second Appellate District, No. Zachary however was later dismissed from the lawsuit. Regarding the demurrer, the primary right doctrine at issue in that ruling is distinct from the exclusive concurrent jurisdiction doctrine at issue here. Traffic, ITS, and Transportation Planning. 0000140158 00000 n 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. Nope! Plaintiff argues the rule only applies when different superior courts have jurisdiction over the cases in question. 0000002573 00000 n 2022-12-22, Los Angeles County Superior Courts | Property | However, different primary rights are at stake here versus the other action. 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. Therefore, under. ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. 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. Ocean Tower accuses the firms of fraud and/or gross negligence and is seeking $125 million in damages. Published March 2, 2018. ` 0000089433 00000 n [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. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. Further, the court found that Stone may have had malice in publishing the disputed statement. Code of Civ. 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. 2. " Section 128.7 does not apply to disclosures and discovery requests, responses, objections, and motions. Cal. The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. According to the ruling, representatives of Isen Investments allegedly began defaming Spahi and conspiring to deflate the value of his real estate holdings after Spahi had filed for Chapter 11 bankruptcy protection in December 2009. 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[. This action will be stayed pending the outcome of the original action. CRESTWOOD HILLS ASSOCIATION VS JON M. LEADER, ET AL. 0000007060 00000 n 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. According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. Stone appealed to California's Second Appellate District. Spahi moves to stay the current action based on exclusive concurrent jurisdiction with the original action. https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. [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. *******0918, Plaintiffs Ex Parte Application for Appointment of Receiver. [5] Units were to retail for $2 million. "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. The . Falk v. Childrens Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1469 fn. endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. Omar Spahi, who owns units in Ocean Towers near the intersection of Ocean Avenue and San Vicente Boulevard filed a lawsuit in 2010 against Isen Investments, Inc., alleging the firm had manipulated the market of his luxury apartments by defaming him. Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". [11][5] By this time more than 100 of the condominiums had been sold. The proclamation read 'The very . I'm happy to meet with you in person to discuss all the relevant facts. And the best part of all, documents in their CrowdSourced Library are FREE! In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. . Proc. Proc. Plaintiff Ocean Towers Corporation (HOA) argues the nominal owners defaulted on their indemnity obligations and seeks appointment of a receiver to preserve its collateral namely, the units and their rents. Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. 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. 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. 23. . Code of Civ. 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. In late 2009 the owner hired Controlled Demolition Inc to start planning the implosion of the building since it was too costly and impractical to try and repair the structure, much less get anyone to move in considering the stigma now associated with the building. 0000007669 00000 n Mr. Eggenberger fulfilled the requirements of CRC 9.40 and the application. 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 The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009. It appears that a settlement was reached. 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. 0000314725 00000 n The Ocean Tower at South Padre Island has been dubbed the 'leaning tower of South Padre' because parts of it have sunk a foot or more into the sand. "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. "That $11 million has never been accounted for," one resident told us. The Pride LA HOPKINS v. There is no Misappropriation of Funds, and John Spahi is not the CEO, for starters. ge9O^Vr|9o+tE@sDkth%U&8ViY?=eI(ekTj17Z78]/b,?u:N}(kaYC9fh31]2zg()M Based on the investigation findings, the tower was imploded before construction completion. Finally, plaintiff argues defendant wrongfully designated Omar Spahi as Windsors PMQ and made false representations in interrogatory responses. Finally, one place to get all the court documents we need. The HOA could seek to enforce the purchase agreements, even if plaintiff did not allege defendants misused their positions as HOA directors. 0000009967 00000 n %%EOF 0000010694 00000 n 2022-06-10, Los Angeles County Superior Courts | Contract | Additionally, the 5AC contains new allegations regarding damages stemming from bank lawsuits that were not operative when the demurrer was decided. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. {MCS}, Subscribe to our content! 3. " ;128.7(h). OCEAN TOWERS HOUSING CORPORATION VS SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST, ET AL. 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. The fact that the parties in two actions are different does not preclude application of the rule if the two actions share a subject matter. assigned for hearing and determination to one department of the superior court by the presiding judge . at 788. " 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. Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. Type: Other Statutes Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. 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. 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.". Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. Spahi v. Superior Court of Los Angeles County et al. Welcome to the website of the Digital Media Law Project. I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). The suit names as defendants all three of Ocean Tower's contractors: engineering firms Raba-Kistner Consultants Inc., based in San Antonio, and Datum Engineering Inc., based in Austin, as well as Delaware based Zachry Construction Corp. 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. Copyright 2023. Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. He never had to pay the fees! Ct. San Francisco Cty., Cal. The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. The declaration of John M. Pierce in support of the motion states defendants counsel will promptly provide this application to the State Bar of California. Declaration of John M. Pierce, 3. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. 4. 33 0 obj <> endobj 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. Defendant seeks sanctions against plaintiff, arguing this motion was brought for an improper purpose. The lawsuit has nothing at all to do with these allegations. 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. jakarta residence implosion 2009 dimulai.. Defendant claims the primary issue in the ongoing 2015 lawsuit is the HOAs right to be free from injury caused by Spahis alleged scheme to purchase units at a discount. 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[. 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. Ocean Towers provides financial statements every year to show ALL distribution of fund. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. ;128.7(b)(1), (4). Westside Today "Prestige property at 201 Ocean Ave. has completed three years of litigation". hb```f``R``b``cg@ ~3I6iDXt!5]AE"34Et'q{1q{(9:iF b>@ QDI Code of Civ. The Domits' company received approximately $3.5 million from the settlement. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Thus, the bank could not sell us the unit. Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. Proc. 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.
Les 7 Psaumes De Victoire, How To Calculate Tan Inverse Without Calculator, John Lone Nina Savino, Trainpal Payment Failed, Articles O