[3] The building was designed to withstand extreme winds with three massively reinforced core walls. The judge appointed attorney David Calvillo as receiver over the couple's community prop-erty. 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. Proc. Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. [6][7][8] The official explanation was that the parking garage and the tower were mistakenly built connected, forcing the weight down upon the garage instead of on the tower's core. These easy peasy blog commenting tips will drive mad traffic to your blog. 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. The Isens did not have a good faith belief their statements about the Spahis were true or accurate, but either knew the statements were false when made or willfully and wantonly disregarded the truth.. [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. "The banks will not finance it and no one wants to buy into a lawsuit. 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. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. Ocean Tower accuses the firms of fraud and/or gross negligence and is seeking $125 million in damages. The judge's order authorized Calvillo to take "charge and posses- Plaintiff seeks to enforce those indemnification provisions and recover legal fees. 0000305585 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. In a hearing conducted on June 13, Los Angeles Superior Court Judge Lisa Hart Cole said that she was inclined to appoint a receiver.
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