[1][2], The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. Dont Miss Your Last Chance to Experience CORTEO by Cirque du Soleil! 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. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. 0000002075 00000 n 0000314725 00000 n The nearby Texas Park Road 100 was closed on safety grounds just before the building was set to be razed. FAC at 47, 52. 0000089433 00000 n I can hypothesize, maybe Raba's engineer(s) thought the piles would be 100% skin friction piles but over-estimated the skin friction developed? 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. Code of Civ. Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation Island spokesman Dan Quandt described the event as "a very good short-term economic boost for South Padre Island". Therefore, under Garamendi and the doctrine of exclusive concurrent jurisdiction, this court lacks jurisdiction to appoint a receiver. There is no Misappropriation of Funds, and John Spahi is not the CEO, for starters. [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. 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. 2022-09-02, Los Angeles County Superior Courts | Property | Thus, Spahi argues, the cases are necessarily related, and the concurrent jurisdiction rule applies. The following is just some of the information that is false. 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. On 05/13/2019 OCEAN TOWERS HOUSING CORPORATION filed a Contract - Other Contract lawsuit against SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST,. officers, directors, shareholders, when Windsor knew it had none. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. Proc. 0000004747 00000 n [2], Construction was halted in the summer of 2008. The motion is GRANTED. Or maybe they did include end bearing capacity but didnt realize that the piles would end up 95 feet deep, just 5 feet above deepest exploration depth? The owner of several units in the Ocean Towers residential complex near Palisades Park was given the green light to continue with his lawsuit against a real estate investment firm, a California appeals court ruled earlier this month. The court sustained defendants demurrer to the first cause of action on the grounds that it was based on the same primary right as the original action and overruled the demurrer to the second and third causes of action. 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. . ] Plaintiffs argument fails. A lone drill rig sits at the stalled construction site for Hawaii City Plaza at 730 Sheridan St. Prev Next. Code of Civ. Based on the investigation findings, the tower was imploded before construction completion. 75 0 obj <> endobj xref 75 50 0000000016 00000 n and the proceeding . While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. 0000144111 00000 n %PDF-1.5 % 2021-06-22. (All Cash) Because the board was totally controlled by Spahi he would not approve our application for the co-op. Nov. 27, 2013 10:43 AM PT. 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. hbbd``b`j@ H0G @H L@ 3 0000009432 00000 n *******0918. FEMA is the US government's Federal Emergency Management agency. It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. "Prestige property at 201 Ocean Ave. has completed three years of litigation". It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. These easy peasy blog commenting tips will drive mad traffic to your blog. The litigation is still on-going and the matter has not been adjudicated fully yet. Since section 128.7(g) explicitly exempts discovery responses from its scope, a request for sanctions for such conduct is not well taken. In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. 54 0 obj <>stream DEAN ZANDER VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION, ET AL. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. 0000184083 00000 n HAPI FOUNDATION, ET AL. Code of Civ. The podium of the building was a large parking garage with the homes beginning at 55 feet (17m) above sea level. The court also explicitly rejected the "interest" privilege, which Stone argued had not been addressed in the trial court. The language does not affirmatively state any of the identified categories exists but is a broad denial that neither defendant nor anyone associated with defendant harmed plaintiff. If you are interested, please contact us for more details. It was nicknamed "Faulty Towers" and "The Leaning Tower of South Padre Island". HomeClassifiedsDirectoryAboutContactAdvertise. The Judge overseeing this case is MARC D. GROSS. This is not well-taken. This opinion is written by the son of John Spahi. jakarta residence implosion 2009 dimulai.. ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. Calvillo immediately took control of the Ocean Tower settlement proceeds and placed them in a "Receivership Account" at Inter National Bank. A trial court reportedly dismissed the lawsuit. 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. In the first cause of action, he alleges defendants violated that duty and acted against the HOAs best interests by causing it to sell him residential units at a steep discount. . 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[. 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. . 1332 Diversity-Product Liability. ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. 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. Id. 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 This is all false, none of this has been alleged in any formal document in the case pending. endstream endobj 37 0 obj <>stream This action is stayed pending the outcome of the 2015 action. 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. Copyright 2023. Los Angeles County Superior Courts | Property | According to the appellate courts ruling, Spahi believed representatives of Isen Investments attempted to exploit his financial difficulties to obtain his Ocean Tower units at artificially depressed prices., Specifically, Spahi alleged Isen Investments informed prospective buyers and tenants both him and his family were thieves, crooks and swindlers.. ;128.7 (g). 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. 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. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. I'm happy to . 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. I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. Cal. Court: Third Circuit New Jersey US District Court for the District of New Jersey. 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 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. . Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. Although the 2015 action and this action are based on different primary rights and legal theories, they both arise out of a substantially similar factual nexus and seek damages based on litigation expenses in the bank lawsuits. [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. The prior demurrer ruling does not require denial of this motion. DENIED. Cal. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. Proc. It appears that a settlement was reached. 0000305585 00000 n 0000010410 00000 n 0000007824 00000 n Case No. 0000119652 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. This place is a mess and we are so greatful that our escrow never closed. ClassifiedsDirectoryAboutContactAdvertise, Prestige property at 201 Ocean Ave. has completed three years of litigation. C4D~5}5?&R o*@RA?CJ$^S[sn 1ka8Yg/{Q~=Lx(:s>M\7?W Kt 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". 05/15/2009 - According to the case summary (search "BC359619"), the case was dismissed by the plaintiff without prejudice. A trial court reportedly dismissed the lawsuit. 0000007669 00000 n 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. It Is the Second Consecutive Year the Hotel Was Recognized by the Awards. The HOA alleges it has paid millions of dollars in litigation initiated against it by US Bank because of these sales and seeks indemnification from Spahi and his alter egos. I think 401 16-inch diameter auger-cast piles were revealed to be under the hi-rise building footprint. 0000001976 00000 n Falk v. Childrens Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1469 fn. 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 This action will be stayed pending the outcome of the original action. 0000007695 00000 n 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.. And the best part of all, documents in their CrowdSourced Library are FREE! John Spahi was never CEO of Ocean Towers. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. 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. Santa Monica Police Seek Arson Suspect Who Set Five Fires in Two Hours in Santa Monica, UC Berkeley Grad Nima Momeni Arrested For Murder of Cash App founder Bob Lee, Woman Shoved Into a Vehicle, Abducted in Westwood Near UCLA, Santa Monica's Ban on Gas Piping to Prohibit Gas Appliances Was Just Ruled Illegal by U.S. Ninth Circuit Court of Appeal, Fox News Dumps Tucker Carlson Because He Attacked the Effectiveness and Safety of Pfizer and Moderna's Covid Vaccines, Says #RFK. A motion for sanctions brought for an improper purpose shall itself be subject to a motion for sanctions. Cal. 0000010374 00000 n 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. 0000005000 00000 n The Retro-style Diner Will Open Shop Back Up on Wilshire Boulevard and Expand Into the Old Vienna Bakery Space. 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. They are contractual and do not depend on any allegation of fraud or undue influence by HOA directors. The HOA could seek to enforce the purchase agreements, even if plaintiff did not allege defendants misused their positions as HOA directors. It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. 2021-06-25, California Courts Of Appeal | Other | The complaint does not state when defendants allegedly repudiated their obligation to indemnify. And anyone who challenges him is immediately sued," she said.". Therefore, under. The second lawsuit, filed by 1 Source Towers, argues that the city's denial of a cell tower at 1800 Harden Blvd. In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. 0000009967 00000 n In August 2009, while the divorce remained pending, the Ocean Tower Lawsuit settled. . Yo! A $125 million lawsuit over the failed . . Owners of more than 200 units filed individual actions and a putative class action was filed on behalf of the remaining unit owners. A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. "No one can sell their units with this dispute going on," another resident told us. 0000003831 00000 n 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. 0000184153 00000 n I'm happy to meet with you in person to discuss all the relevant facts. 0000211211 00000 n 0000058586 00000 n . SMart (Santa Monica Architects for a Responsible Tomorrow) Last week's column was Part 1. %%EOF SC124263 (the original action) pending in Dept. The second two causes of action are based on a primary right not involved in the 2015 action. [3] The building was designed to withstand extreme winds with three massively reinforced core walls. Follow us on Twitter. 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. Id. 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 completed building would stand 445 feet (136m) tall and be one of the tallest structures in the Rio Grande Valley. Plaintiff HOA sues defendant Spahi for allegedly using his position as the HOAs controlling director to engineer sham sale agreements, under which the HOA sold several residential units to Spahi and his alter egos for less than fair market value. 0000103877 00000 n The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009. 3. " 0000005896 00000 n Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. 0000140158 00000 n 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. 0000010694 00000 n Ocean Towers is a 317-unit luxury cooperative apartment building high-rise located at 201 Ocean Avenue. ocean tower lawsuit outcome. 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. 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 $50 million FEMA paid Ocean Towers to make repairs after the 1994 Northridge earthquake. However, different primary rights are at stake here versus the other action. 0000006486 00000 n Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. Ocean Towers Housing Corp., the owner of an apartment building in Santa Monica, California filed a defamation lawsuit against one of its tenants Richard Stone, who accused the company of breaching its fiduciary duty to its shareholders. Q8TVcqJpb8w`zE[k*F;7IeP$qE7MdvPbMnbfuIbR + d[ylmB*[$[$derXF- Due to popular demand the Berkman Klein Center is keeping the website online, but. According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. Further, the court found that Stone may have had malice in publishing the disputed statement. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. ;128.7(b)(1), (4). We also share information about your use of our site with our social media, advertising and analytics partners. Proc. 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. 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. This action involves plaintiffs contractual rights, while the 2015 action concerns plaintiffs right to be free from fraudulent/disloyal conduct by directors. 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. By Zach Armstrong The Shore Hotel, a James Heaps Worked at the UCLA Student Health Center and UCLA Medical Center Where Women Have Alleged He Assaulted Them. Eric Uller Allegedly Abused Young Boys Over a Multi-Decade Period Starting in the Late 1980s. 0000006977 00000 n This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. 0000008359 00000 n "That $11 million has never been accounted for," one resident told us. The hi-rise included a 4-level parking garage immediately adjacent and connected to it. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Transbay Joint Powers Authority (TJPA), et al. Plaintiffs argument is unavailing, and Dept. 0000262322 00000 n Plaintiff argues the rule only applies when different superior courts have jurisdiction over the cases in question. endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream The hi-rise included a 4-level parking garage immediately adjacent and connected to it. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. Code of Civ. 2020-12-03, Los Angeles County Superior Courts | Other | 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 . By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. Finally, one place to get all the court documents we need. Code of Civ. Defendants argue plaintiff was aware of defendants alleged fraudulent scheme by May 2015 at the latest. Clients [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. 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 second and third causes of action seek to enforce plaintiffs alleged right to indemnification under the purchase agreement. 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. In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . at 788. 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. 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. Cause Of Action: 28 U.S.C. This caused increasing levels of damage to the structural system due to load redistribution and overload of structural elements. 0000010806 00000 n VS KB VISION FOUNDATION, ET AL. In 2008 construction was halted when large cracks were observed in parking garage walls and in beams in the hi-rise. Plaintiff argues the primary right in the 2015 action is the HOAs right to be governed by a board that fulfills its fiduciary duties, while the 2019 action involves the boards right to enforce its written agreements with Spahi. Os rejection of the notice of related case is not preclusive. The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . OVERRULED as to the second and third causes of action but SUSTAINED without leave to amend as to the first cause of action. 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. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. his wife, Maria. ;128.7. 2022-02-14, California Courts Of Appeal | Other | In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. 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. [4] The location was to have allowed the residences to have views across the Gulf of Mexico and the Laguna Madre. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. Welcome to the website of the Digital Media Law Project. Proc. 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. 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. ] Cal. 0000004091 00000 n Plaintiff may amend to allege the date of the alleged repudiation. STIPULATED JUDGMENT. 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. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. A dispute between two members of the Board of Directors of Santa Monica's only co-op, may put the prestigious property into receivership on Wednesday. The HOA argues Windsors discovery responses show it is an alter ego of Spahi existing for the purpose of perpetrating fraud upon the HOA.