But those same statements also potentially disparaged the quality of the Spahis title to the Ocean Towers units and the nature of their leasing services, indicating the units were facing foreclosure or subject to assessments for unpaid homeowners association fees and suggesting tenants and prospective buyers would not be dealt with fairly by their landlord or would likely confront additional legal and financial issues when renting or purchasing the Spahis units, the ruling continued. 8. It Is the Second Consecutive Year the Hotel Was Recognized by the Awards. The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. [3] The building was designed to withstand extreme winds with three massively reinforced core walls. The appeals court affirmed the ruling on essentially the same grounds. The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . 0000010581 00000 n 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. Finally, one place to get all the court documents we need. FAC at 47, 52. . At the time of its controlled implosion in December 2009 the building weighed 55,000 short tons (50,000t), and it was the tallest reinforced concrete structure to be demolished in that way. 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. A motion for sanctions brought for an improper purpose shall itself be subject to a motion for sanctions. Cal. 0000005493 00000 n Proc. his wife, Maria. The notice of related cases was denied without prejudice. 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 . Plaintiff seeks to enforce those indemnification provisions and recover legal fees. at 788. 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[. All to prevent us from getting approval for the original foreclosed unit. 0000007824 00000 n GRANTED. A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. 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. 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. I think 401 16-inch diameter auger-cast piles were revealed to be under the hi-rise building footprint. Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. Defendants argue plaintiff was aware of defendants alleged fraudulent scheme by May 2015 at the latest. Traffic, ITS, and Transportation Planning. Published March 2, 2018. Code of Civ. We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. Cal. In August 2009, while the divorce remained pending, the Ocean Tower Lawsuit settled. The court also explicitly rejected the "interest" privilege, which Stone argued had not been addressed in the trial court.
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