ocean tower lawsuit outcome

Also alleged: the firm stated the units owned by Spahi and his family were about to be auctioned off in bankruptcy court. [5] Units were to retail for $2 million. Defendant seeks sanctions against plaintiff, arguing this motion was brought for an improper purpose. Although the facts of the case are not disclosed and difficult to obtain, the lawsuit does reveal that the exploratory borings were no deeper than 100 feet, and the design pile depth was 95 feet in the final construction drawings. "No one can sell their units with this dispute going on," another resident told us. Omar Spahi, who owns units in Ocean Towers near the intersection of Ocean Avenue and San Vicente Boulevard filed a lawsuit in 2010 against Isen Investments, Inc., alleging the firm had manipulated the market of his luxury apartments by defaming him. The HOA filed a fifth amended complaint (5AC) in the original action on October 16, 2019. VS KB VISION FOUNDATION, ET AL. OCEAN TOWERS HOUSING CORPORATION VS JOSEPH ORLANDO, III, ET AL. OVERRULED as to the second and third causes of action but SUSTAINED without leave to amend as to the first cause of action. (All Cash) Because the board was totally controlled by Spahi he would not approve our application for the co-op. There is a substantial danger that, if the lawsuits proceed separately, the courts could reach conflicting (or redundant) decisions regarding those damages. Q8TVcqJpb8w`zE[k*F;7IeP$qE7MdvPbMnbfuIbR + d[ylmB*[$[$derXF- This place is a mess and we are so greatful that our escrow never closed. 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". No punitive damages may be recovered even if the facts alleged complaint amount to fraud. 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. People ex. 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. Column: Reusing Buildings for the Benefit of All, Column: SB 9 Ended R-1 Zoning, but Its Not Meeting Goals. 0000002075 00000 n . Pursuant to the settlement, all claims against TJPA were dismissed with prejudice. DEAN ZANDER VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION, ET AL. . 0000006486 00000 n Additionally, even if the court accepted plaintiffs interpretation, plaintiff does not adequately justify imposition of such an extreme remedy as entry of default. issue of direct and immediate concern. It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. 41 0 obj <>/Filter/FlateDecode/ID[<9AE8F4DA070C105AF9C84CF8D5A2177A><816DFA2E18CBA5439B6EC8283FD421D2>]/Index[33 22]/Info 32 0 R/Length 60/Prev 39087/Root 34 0 R/Size 55/Type/XRef/W[1 2 1]>>stream [5][6] The proposed fixes would have the garage beams separated from the tower, and new columns to be placed under the beams. The completed building would stand 445 feet (136m) tall and be one of the tallest structures in the Rio Grande Valley. . I remember when I started blogging a few months ago; I would put in a lot of effort into writing good quality articles, post them on my blog and somehow expect the comments to start pouring in. 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. Stone appealed to California's Second Appellate District. Both the first cause of action here and the 2015 action are based on allegations that defendants misused their positions as HOA directors, forcing the HOA into fraudulent purchase agreements. 0000144111 00000 n Beginning in 2016, a series of lawsuits were filed concerning a 56-story condominium tower, colloquially referred to as "San Francisco's Leaning Tower," which has vertically moved more than 16 inches and is tilting as much as 20 inches. [6], The developers have filed a $125 million lawsuit against geotechnical engineering firm Raba-Kistner Engineering and Consulting of San Antonio and structural engineers Datum Engineers of Austin and Dallas. [2], Last edited on 30 November 2022, at 11:13, List of tallest voluntarily demolished buildings, "An Engineer's Nightmare Ocean Tower, South Padre Island | the blog of rio akasaka", "Zachry company building luxury high-rise on South Padre Island", "Leaning South Padre tower turned into 55,000 tons of debris", "Tallest Building Demolitions in the World", "No Second Shot: Saying Goodbye to the Leaning Tower of South Padre Island | Swamplot", "Ocean Tower Highrise Oceanfront Condominiums South Padre Island", "South Padre Leaning Highrise Tower to be demolished in December 13th", https://en.wikipedia.org/w/index.php?title=Ocean_Tower&oldid=1124767533, Padre Boulevard across SPI Convention Center, This page was last edited on 30 November 2022, at 11:13. 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 court also found that the litigation privilege didn't apply because both Stone and his comments were unrelated to the other Ocean Towers lawsuit. 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. If you do not agree with these terms, then do not use our website and/or services. hb```f``R``b``cg@ ~3I6iDXt!5]AE"34Et'q{1q{(9:iF b>@ QDI Motion to Strike Punitive Damages Allegations. The lawsuit has nothing at all to do with these allegations. As an alternative reason for dismissal, Stone argued that his statements were priviliged because they litigation or were protected communications between parties who share an "interest" in an 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. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. Plaintiff adequately alleges alter ego liability, allowing this cause of action to proceed against Spahi. Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation 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. [6], After a month of structural testing the construction of Ocean Tower began on April 5, 2006. The same panel also concluded that settlement had not changed Millennium Tower's capability of resisting major earthquakes and the upgrade will increase that capability. Copyright 2023. 0000137496 00000 n 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. Or maybe Raba did not analyze "group pile" settlement models? hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. I don't know whose 2 signatures were on the Raba report, but i would never hire these guys to be geotechs on my projects. Venice Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. In 2008 construction was halted when large cracks were observed in parking garage walls and in beams in the hi-rise. Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. Code of Civ. In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. A primary right is the right to be free from a particular injury, regardless of the legal theory on which liability for the injury is based. Gillies v. J.P. Morgan Chase Bank NA (2017) 7 Cal.App.5th 907, 914. endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream Shore Hotel Takes Grand Prize in Environmental Award, Former UCLA Gynecologist Sentenced to 11 Years for Sexual Misconduct, Santa Monica To Pay $122M in Sexual Abuse Settlement Against Former Employee, SMa.r.t. Cal. Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. hbbd``b`j@ H0G @H L@ 3 . officers, directors, shareholders, when Windsor knew it had none. Plaintiff argues the two actions involve different primary rights. 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. 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. Copyright 2023. 54 0 obj <>stream Court's Privacy Ruling Break the Internet? will keep Verizon from solving a "significant gap in its coverage," triggering . Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! The nearby Texas Park Road 100 was closed on safety grounds just before the building was set to be razed. ;128.7. . SMart (Santa Monica Architects for a Responsible Tomorrow) Last week's column was Part 1. ;128.7(b)(1), (4). 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. Id. . Finally, one place to get all the court documents we need. 2020-12-03, Los Angeles County Superior Courts | Other | 0000262322 00000 n 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. Century City-Westwood News ] Cal. ` Spahi moves to stay the current action based on exclusive concurrent jurisdiction with the original action. Code of Civ. However, different primary rights are at stake here versus the other action. Finally, plaintiff argues defendant wrongfully designated Omar Spahi as Windsors PMQ and made false representations in interrogatory responses. 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 matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. Cancellation and Refund Policy, Privacy Policy, and Proc. *******0918, Demurrer and Motion to Strike Portions of the First Amended Complaint, Motion for Admission as Counsel Pro Hac Vice. 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 two cases are being heard by different departments within a single superior court.

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