ocean tower lawsuit outcome

Venice Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . It was nicknamed "Faulty Towers" and "The Leaning Tower of South Padre Island". 0000008813 00000 n CGC-16-553758 (Super. 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. 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. We also share information about your use of our site with our social media, advertising and analytics partners. . No sanctions will be awarded against either party. Further, the court found that Stone may have had malice in publishing the disputed statement. Enjoy luxury . . Zachary however was later dismissed from the lawsuit. ], 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. 0000006977 00000 n 0000007060 00000 n Code of Civ. 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. The Judge overseeing this case is MARC D. GROSS. 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. 2022-12-22, Los Angeles County Superior Courts | Property | 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. 0000005493 00000 n According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. Further, Spahi alleged the firm advertised he never returned the security deposits to anyone who rents one of his units, failed to pay the secured loans on each unit, was solicited by the banks as a fraud, and did not pay homeowner association fees. ocean tower lawsuit outcome. The judge's order authorized Calvillo to take "charge and posses- On October 7, 2020, the court entered an order finding all conditions to be met and the global settlement to be final and effective. TAHER SPAHI, ET AL. The two cases do involve different defendants, different causes of action and different primary rights. Copyright 2023. 0000103877 00000 n 1. ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. Published March 2, 2018. issue of direct and immediate concern. The parties subsequently drafted, negotiated and executed a series of settlement documents. Code of Civ. 0000003246 00000 n 75 0 obj <> endobj xref 75 50 0000000016 00000 n 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. ] Cal. ;128.7 (g). In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. 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. Code of Civ. [1][2], The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. [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. "there is sufficient evidence to show misappropriation of funds," she said. . Plaintiff adequately alleges alter ego liability, allowing this cause of action to proceed against Spahi. The . jakarta residence implosion 2009 dimulai.. Public Records Policy. Walk to the Third Street Promenade and all the best that Santa Monica has to offer," says one real estate agents website, which lists available units at 2.5 million dollars and upif(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'smobserved_com-medrectangle-4','ezslot_8',119,'0','0'])};__ez_fad_position('div-gpt-ad-smobserved_com-medrectangle-4-0');if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'smobserved_com-medrectangle-4','ezslot_9',119,'0','1'])};__ez_fad_position('div-gpt-ad-smobserved_com-medrectangle-4-0_1'); .medrectangle-4-multi-119{border:none !important;display:block !important;float:none !important;line-height:0px;margin-bottom:15px !important;margin-left:auto !important;margin-right:auto !important;margin-top:15px !important;max-width:100% !important;min-height:250px;min-width:250px;padding:0;text-align:center !important;}. ;128.7(h). 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. 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. Spahi demurs to plaintiffs three causes of action, arguing the claims alleged must have been brought in the 2015 lawsuit due to the primary right doctrine. 05/15/2009 - According to the case summary (search "BC359619"), the case was dismissed by the plaintiff without prejudice. I'm happy to meet with you in person to discuss all the relevant facts. %PDF-1.5 % 2021-06-22. Palisades News. Did that happen? 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,. I'm happy to . He was a walking threatening lawsuit machine. LEONARD LUDOVICO VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION. Hunter, Superior Court of Los Angeles County; California Court of Appeal, Second Appellate District, No. 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. Nope! In August 2009, while the divorce remained pending, the Ocean Tower Lawsuit settled. The notice of related cases was denied without prejudice. Transbay Joint Powers Authority (TJPA), et al. Subscribe to our newsletter to receive the latest news and events in Santa Monica and the surrounding areas! Proc. P, Ocean Towers Housing Corporation v. John Spahi et al., Case No. 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. The proclamation read 'The very . If you are interested, please contact us for more details. Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. The motion is GRANTED. 0000004091 00000 n 8. A trial court reportedly dismissed the lawsuit. The HOA argues Windsors discovery responses show it is an alter ego of Spahi existing for the purpose of perpetrating fraud upon the HOA. The court granted final approval of the proposed settlement in the class action on August 7, 2020. [9] Soon after, the building became known as the "leaning tower of South Padre" and was viewed as a looming eyesore.[6][10]. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. [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. Proc. 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. The truthfulness and accuracy of such information is likely to be in dispute. According to filings in the case, in a posting on his website The Ocean View, Stone accused . By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 2020-12-03, Los Angeles County Superior Courts | Other | Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. (the original action) pending in Dept. and the proceeding . In 2015, an HOA shareholder filed a derivative complaint against Spahi and his alleged alter egos and co-conspirators. SMart (Santa Monica Architects for a Responsible Tomorrow) Last weeks column was Part 1. 0000230961 00000 n OVERRULED as to the second and third causes of action but SUSTAINED without leave to amend as to the first cause of action. 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 0000089433 00000 n [11][5] By this time more than 100 of the condominiums had been sold. 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. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. Follow us on Twitter. Though alter ego liability is alleged in both claims, those allegations are distinct from the primary right central to each claim. Why is this public record being published online? Cancellation and Refund Policy, Privacy Policy, and 0000006486 00000 n 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. Case Number: *******0918 Hearing Date: July 31, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al., Case No. "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 5AC contains several new allegations related to stolen units, which are nearly identical to claims in the current action. 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. at 788. Code of Civ. Construction activity ceased immediately because of the public safety risk and potential for partial collapse. Traffic, ITS, and Transportation Planning. And anyone who challenges him is immediately sued," she said.". 0000004747 00000 n 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. 0000043094 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. Defendants argue Spahi was not a party to the purchase agreements. ] Plaintiffs argument fails. Ocean Towers is a 317-unit luxury cooperative apartment building high-rise located at 201 Ocean Avenue. Falk v. Childrens Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1469 fn. Proc. hbbd``b`j@ H0G @H L@ 3 Joe Orlando was his henchman. The original action was converted to a direct action by the HOA in 2019. . Donald Trump has settled a lawsuit with more than 100 would-be condo buyers who lost millions of dollars when a Trump-branded luxury condominium project in Baja . 0000007824 00000 n 0000002573 00000 n 0000002075 00000 n [3] The building was designed to withstand extreme winds with three massively reinforced core walls. 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. LA COURT CONNECT IS NOW AVAILABLE. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. 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. The first cause of action seeks to rescind the purchase agreements for the stolen units because consent to the agreements was obtained through duress, menace, fraud, and undue influence. FAC at 34. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. 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. When courts apply sanctions, they are generally to be imposed in an incremental approach, with terminating sanctions being the last resort. Dept. 0000137496 00000 n 1332 Diversity-Product Liability. The three-judge panel was made up of Court of Appeals Justices Dennis M. Perluss and Fred Woods as well as Los Angeles Superior Court Judge John L. Segal. ClassifiedsDirectoryAboutContactAdvertise, Prestige property at 201 Ocean Ave. has completed three years of litigation. "The banks will not finance it and no one wants to buy into a lawsuit. The HOA filed a fifth amended complaint (5AC) in the original action on October 16, 2019. 0 0000211211 00000 n Calvillo immediately took control of the Ocean Tower settlement proceeds and placed them in a "Receivership Account" at Inter National Bank. 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[. 23. 0000010581 00000 n 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. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. 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. SC124263 (the original action) pending in Dept. Rel Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 774. 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. Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. 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. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. [5][6] The proposed fixes would have the garage beams separated from the tower, and new columns to be placed under the beams. The story goes that way back in the 90's, then mayor Ed Cyganiewicz came up with the idea of outlawing neckties as a way of promoting the laidback atmosphere on the island. John Spahi was never CEO of Ocean Towers. Code of Civ. 0000184153 00000 n 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. [6], After a month of structural testing the construction of Ocean Tower began on April 5, 2006. Court's Privacy Ruling Break the Internet? 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. Spahi concedes the primary right at issue in the 2015 action is the HOAs right to be governed by honest and faithful directors, who were duty-bound to act in good faith and in the best interests of the corporation. Opposition at pg. Brentwood News Copyright 2007-22 Digital Media Law Project and respective authors. Finally, one place to get all the court documents we need. Ocean Towers Housing Corporation v. Superior Court of Los Angeles County et al. [5] Units were to retail for $2 million. According to the buildings website, Spahis father, John, serves on the Ocean Towers board of directors as secretary. CRESTWOOD HILLS ASSOCIATION VS JON M. LEADER, ET AL. 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. Breach of Contract; and 3. his wife, Maria. "That $11 million has never been accounted for," one resident told us. 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 following is just some of the information that is false. 2022-03-17, Los Angeles County Superior Courts | Property | CRAIG T. KOJIMA / CKOJIMA@STARADVERTISER.COM. 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. Code of Civ. The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. Thus, Spahi argues, the cases are necessarily related, and the concurrent jurisdiction rule applies. If you do not agree with these terms, then do not use our website and/or services. 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. Cal. 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. "Prestige property at 201 Ocean Ave. has completed three years of litigation". "No one can sell their units with this dispute going on," another resident told us. Plaintiffs argument is unavailing, and Dept. 0000010694 00000 n 0000262322 00000 n 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". Island spokesman Dan Quandt described the event as "a very good short-term economic boost for South Padre Island". ), TJPA reaches global settlement in Millennium Tower litigation. He never had to pay the fees! Preliminary evaluation showed that the tower's core had sunk 14 to 16 inches (360 to 410mm), while the attached parking lot had shifted less than half that distance. We tried buying other condo units there and kept getting rejected from the coop also. 54 0 obj <>stream The two cases are being heard by different departments within a single superior court. July 10, 2008 - 5:40PM. Thus, the bank could not sell us the unit. it is beyond the jurisdictional authority of. {MCS}, Subscribe to our content! He straight out explained to us that the above was the reason that we were not getting approved. 2022-06-10, Los Angeles County Superior Courts | Contract | GRANTED. 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.. The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. There is no Misappropriation of Funds, and John Spahi is not the CEO, for starters. Proc. Welcome to the website of the Digital Media Law Project. Case No. The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. HOPKINS v. Yo! hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . 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. This action will be stayed pending the outcome of the original action. Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. This caused increasing levels of damage to the structural system due to load redistribution and overload of structural elements. In 2008 construction was halted when large cracks were observed in parking garage walls and in beams in the hi-rise. 0000026701 00000 n 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). 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. ;128.7 by stating in its answer answering Defendant denies that Plaintiff has or will sustain any damage or loss by reason of any act or omission of this answering Defendant, or its agent, employees, servants, officers, directors, shareholders, representatives or otherwise. Plaintiff argues this constitutes a representation that defendant has employees . 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. 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 . Cause Of Action: 28 U.S.C. 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 . 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. Motion to Strike Punitive Damages Allegations. . Plaintiff argues defendant violated Cal. 0000210744 00000 n Island Breeze. A trial court reportedly dismissed the lawsuit. Nov. 27, 2013 10:43 AM PT. ] Cal. A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. 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. Dont Miss Your Last Chance to Experience CORTEO by Cirque du Soleil! The judge appointed attorney David Calvillo as receiver over the couple's community prop-erty. GRANTED. 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. It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. A $125 million lawsuit over the failed . 0000001976 00000 n 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. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. This action is stayed pending the outcome of the 2015 action. The lawsuit has nothing at all to do with these allegations. FAC at 47, 52. 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. 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. Relief Based on Rescission; 2. 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.

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