and the proceeding . ocean tower lawsuit outcome. The notice of related cases was denied without prejudice. 0000007669 00000 n If you do not agree with these terms, then do not use our website and/or services. He straight out explained to us that the above was the reason that we were not getting approved. ;128.7(b)(1), (4). Pursuant to California Rules of Court 9.40, an application for appearance pro hac vice must be served on all parties who have appeared in the cause and on the State Bar of California at its San Francisco Office. %%EOF The complaint does not state when defendants allegedly repudiated their obligation to indemnify. Spahi v. Superior Court of Los Angeles County et al. Follow us on Twitter. We attempted to purchase a foreclosed unit that was precious owned by John Spahi. 0000210630 00000 n Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . ;128.7(b)(1), (4). 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. The court sustained to the extent the HOA sought relief for Spahis alleged sham sales but overruled to the extent the action sought to enforce indemnification provisions in the sale agreements. 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. 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. . [4] The location was to have allowed the residences to have views across the Gulf of Mexico and the Laguna Madre. If you'd like to subscribe to additional lists, please select any here! Proc. It Is the Second Consecutive Year the Hotel Was Recognized by the Awards. Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". 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. 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. 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[. 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. 0000009967 00000 n This action involves plaintiffs contractual rights, while the 2015 action concerns plaintiffs right to be free from fraudulent/disloyal conduct by directors. Ocean Towers Housing Corporation v. Superior Court of Los Angeles County et al. Plaintiff adequately alleges alter ego liability, allowing this cause of action to proceed against Spahi. 2022-02-14, California Courts Of Appeal | Other | 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. Proc. Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. Spahi argues new allegations in the 5AC mandate this case be stayed under the rule of exclusive concurrent jurisdiction. Copyright 2023. In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . . Calvillo immediately took control of the Ocean Tower settlement proceeds and placed them in a "Receivership Account" at Inter National Bank. 2021-06-22. 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. 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. Hawaii Ocean Plaza rendering. 0000103877 00000 n By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. . Finally, Spahi argues the second cause of action fails because he was not a party to the relevant contracts. This action will be stayed pending the outcome of the original action. "That $11 million has never been accounted for," one resident told us. 2022-06-10, Los Angeles County Superior Courts | Contract | "there is sufficient evidence to show misappropriation of funds," she said." Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. Cal. The HOA could seek to enforce the purchase agreements, even if plaintiff did not allege defendants misused their positions as HOA directors. The statements alleged by the Spahis certainly impugned their personal reputations with accusations of dishonesty and improper and illegal conduct such as withholding security deposits, the panel of judges stated in their ruling. People ex. hXrH}+Q$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(. 0000010410 00000 n And the best part of all, documents in their CrowdSourced Library are FREE! He never had to pay the fees! The HOA argues Windsors discovery responses show it is an alter ego of Spahi existing for the purpose of perpetrating fraud upon the HOA. 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. CGC-16-553758 (Super. 0000231229 00000 n trailer <<62DD41D1A9AC4D93B41AD3F841D72D45>]/Prev 870850>> startxref 0 %%EOF 124 0 obj <>stream She continued the hearing to June 27 and recommended that the two parties, John Spahi and Michael Reach, attempt to settle their dispute. Additionally, even if the court accepted plaintiffs interpretation, plaintiff does not adequately justify imposition of such an extreme remedy as entry of default. Code of Civ. The judge's order authorized Calvillo to take "charge and posses- [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. The lawsuit has nothing at all to do with these allegations. . 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[. The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. Subscribe to our newsletter to receive the latest news and events in Santa Monica and the surrounding areas! 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. 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. 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. The motion is GRANTED. Construction activity ceased immediately because of the public safety risk and potential for partial collapse. 54 0 obj <>stream 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. 0000314725 00000 n 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. Based on the investigation findings, the tower was imploded before construction completion. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. his wife, Maria. Court's Privacy Ruling Break the Internet? Id. 2022-09-02, Los Angeles County Superior Courts | Property | 0000262322 00000 n 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. The remaining causes of action are not based on the alleged scheme but on defendants failure to indemnify plaintiff as required under the purchase agreements. ` 0000009432 00000 n 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[. SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. Case law states exclusive concurrent jurisdiction applies to conflicting adjudications of the same subject-matter by different departments of one court. Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449. When courts apply sanctions, they are generally to be imposed in an incremental approach, with terminating sanctions being the last resort. Dept. ] Cal. The original action was converted to a direct action by the HOA in 2019. 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. The appeals court affirmed the ruling on essentially the same grounds. 0000010581 00000 n 0000006977 00000 n Both surviving causes of action arise out of an alleged contract breach. "The banks will not finance it and no one wants to buy into a lawsuit. It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. In contrast to condominium owners who own a particular unit, cooperative building owners own a share in the Ocean Towers has 300 units, but voting power is allotted by square footage, and a formula that takes into account ocean views and sale price. The judge is Judge Lisa Hart Cole, not Marian Kohl. A lone drill rig sits at the stalled construction site for Hawaii City Plaza at 730 Sheridan St. Prev Next. 1332 Diversity-Product Liability. Cal. ClassifiedsDirectoryAboutContactAdvertise, Prestige property at 201 Ocean Ave. has completed three years of litigation. 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. 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. 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. Regarding the demurrer, the primary right doctrine at issue in that ruling is distinct from the exclusive concurrent jurisdiction doctrine at issue here. Spahi moves to stay the current action based on exclusive concurrent jurisdiction with the original action. Proc. The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. Transbay Joint Powers Authority (TJPA), et al. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. 05/15/2009 - According to the case summary (search "BC359619"), the case was dismissed by the plaintiff without prejudice. Ocean Towers is a 317-unit luxury cooperative apartment building high-rise located at 201 Ocean Avenue. Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation Pursuant to the settlement, all claims against TJPA were dismissed with prejudice. 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. Code of Civ. The Retro-style Diner Will Open Shop Back Up on Wilshire Boulevard and Expand Into the Old Vienna Bakery Space. CRESTWOOD HILLS ASSOCIATION VS JON M. LEADER, ET AL. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. If you are interested, please contact us for more details. 0000026701 00000 n Saturday, October 10, 2009 Ocean Tower Settlement and Implosion In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . Proc. In November 2008. Clients 0000010694 00000 n A $125 million lawsuit over the failed . "That $11 million has never been accounted for," one resident told us. [3] The building was designed to withstand extreme winds with three massively reinforced core walls. "No one can sell their units with this dispute going on," another resident told us. " 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." . 0000003831 00000 n Century City-Westwood News 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.