Plaintiff argues the rule only applies when different superior courts have jurisdiction over the cases in question. Motion to Strike Punitive Damages Allegations. VS JOHN SPAHI, ET AL. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. Some Federal Courts Post Audio Recordings Online, Service and Research at the Frontier of Media Law, DMLP Announcement: Live Chat Session on Tax-Exempt Journalism (UPDATED), A New Approach to Helping Journalism Non-Profits at the IRS. Public Records Policy. This action involves plaintiffs contractual rights, while the 2015 action concerns plaintiffs right to be free from fraudulent/disloyal conduct by directors. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. 0000001976 00000 n He straight out explained to us that the above was the reason that we were not getting approved. 0000004091 00000 n 0000137496 00000 n Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. Follow us on Twitter. 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. 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 . Though alter ego liability is alleged in both claims, those allegations are distinct from the primary right central to each claim. Breach of Contract; and 3. Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. 0000314725 00000 n The motion is GRANTED. Can check for updates at the LA Superior Court link above. 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.