0000003831 00000 n 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. 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. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. 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. Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues, Hear Ye, Hear Ye! 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. Code of Civ. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. Finally, one place to get all the court documents we need. Case law states exclusive concurrent jurisdiction applies to conflicting adjudications of the same subject-matter by different departments of one court., The two cases do involve different defendants, different causes of action and different primary rights. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009. [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. Cancellation and Refund Policy, Privacy Policy, and Ocean Towers Housing Corporation Vs Seif Ascar As the Trustee of The "The banks will not finance it and no one wants to buy into a lawsuit. According to filings in the case, in a posting on his website The Ocean View, Stone accused Ocean Towers of using company funds to finance a loan for a board member's nephew. While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. Motion to Strike Punitive Damages Allegations. will keep Verizon from solving a "significant gap in its coverage," triggering . 0000074857 00000 n SMart (Santa Monica Architects for a Responsible Tomorrow) Last weeks column was Part 1. 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. 0000010410 00000 n 0000007060 00000 n Column: Reusing Buildings for the Benefit of All, Column: SB 9 Ended R-1 Zoning, but Its Not Meeting Goals. In the meantime, Spahi broke into the unit and illegally started renting it for thousands of dollars while he filed another false lawsuit against the bank who legally owned the unit. According to the buildings website, Spahis father, John, serves on the Ocean Towers board of directors as secretary. 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. 0000004091 00000 n [9] Soon after, the building became known as the "leaning tower of South Padre" and was viewed as a looming eyesore.[6][10]. 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. 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? However, different primary rights are at stake here versus the other action. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. The judge appointed attorney David Calvillo as receiver over the couple's community prop-erty. Nope! 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. Traffic, ITS, and Transportation Planning. {MCS}, Subscribe to our content! 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. ` 0000004747 00000 n He straight out explained to us that the above was the reason that we were not getting approved. 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. [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). 0000005493 00000 n These easy peasy blog commenting tips will drive mad traffic to your blog. DEAN ZANDER VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION, ET AL. The Domits' company received approximately $3.5 million from the settlement. I can hypothesize, maybe Raba's engineer(s) thought the piles would be 100% skin friction piles but over-estimated the skin friction developed? Os rejection of the notice of related case is not preclusive. "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 current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. The two cases do involve different defendants, different causes of action and different primary rights. 0000140158 00000 n 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. She did not make any such comments about misappropriation of funds. Code of Civ. https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. 0000314725 00000 n 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. And anyone who challenges him is immediately sued," she said.". Further, the court found that Stone may have had malice in publishing the disputed statement. Clients Stone appealed to California's Second Appellate District. Proc. 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[. 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. 0000305624 00000 n Will E.U. 4. %%EOF If you'd like to subscribe to additional lists, please select any here! 0000007695 00000 n Relief Based on Rescission; 2. Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. [4] The location was to have allowed the residences to have views across the Gulf of Mexico and the Laguna Madre. ;128.7(b)(1), (4).