0000230961 00000 n When courts apply sanctions, they are generally to be imposed in an incremental approach, with terminating sanctions being the last resort., 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[. Id. OCEAN TOWERS HOUSING CORPORATION VS JOSEPH ORLANDO, III, ET AL. jakarta residence implosion 2009 dimulai.. "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. 0000001976 00000 n In May 2019 the HOA filed this complaint (the current action), alleging Spahi used alter egos to purchase several units (the same units at issue in the original action) from the HOA at prices far lower than their appraised value. The judge appointed attorney David Calvillo as receiver over the couple's community prop-erty. 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. Stone appealed to California's Second Appellate District. The podium of the building was a large parking garage with the homes beginning at 55 feet (17m) above sea level. The prior demurrer ruling does not require denial of this motion. endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream They are contractual and do not depend on any allegation of fraud or undue influence by HOA directors. (All Cash) Because the board was totally controlled by Spahi he would not approve our application for the co-op. . . I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. 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. 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 . The use of expandable clay, which compresses when weight is applied to it, compounded the issue and allowed the parking garage to remain relatively unsettled compared to the tower itself. 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. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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.
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