Contact: Doug Elmets. Proc. Due to popular demand the Berkman Klein Center is keeping the website online, but. The 5AC contains several new allegations related to stolen units, which are nearly identical to claims in the current action. Follow us on Twitter. Copyright 2023. (the original action) pending in Dept. Case Number: *******0918 Hearing Date: July 31, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al., Case No. Contrary to plaintiffs argument, the courts prior denial of defendants notice of related cases and demurrer has no preclusive effect. 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. 2. " The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. 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. Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. Id. 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. There is a substantial danger that, if the lawsuits proceed separately, the courts could reach conflicting (or redundant) decisions regarding those damages. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. Construction was halted in May 2008 when cracks formed in the building's supporting columns, and investigations revealed that the core of the skyscraper had sunk by more than 14 inches (360mm). 0000009432 00000 n 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.

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