Further, the court found that Stone may have had malice in publishing the disputed statement. The lawsuit has nothing at all to do with these allegations. A posted article about Ocean towers contains a ton of false information, I'd love a chance to discuss with the author and set the record straight. Ocean Towers Housing v. Stone | Digital Media Law Project - DMLP A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. ;128.7 by stating in its answer answering Defendant denies that Plaintiff has or will sustain any damage or loss by reason of any act or omission of this answering Defendant, or its agent, employees, servants, officers, directors, shareholders, representatives or otherwise. Plaintiff argues this constitutes a representation that defendant has employees . ] Plaintiffs argument fails. Hawaii Ocean Plaza rendering. In July 2008 the developers filed a $125,000,000 lawsuit against Raba-Kistner geotechnical engineers and the structural engineer and the general contractor Zachary Construction. TJPA reaches global settlement in Millennium Tower litigation - Jones Day The current action alleges Spahi is responsible for paying any judgment that may be awarded against the HOA arising from his alter egos purchase of the units, due to the purchase agreements indemnification provisions. endstream endobj 37 0 obj <>stream P, Ocean Towers Housing Corporation v. John Spahi et al., Case No. 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. 0000009967 00000 n 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. They are contractual and do not depend on any allegation of fraud or undue influence by HOA directors. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. "We believe that he used the money to acquire more units for himself because he appointed himself CEO of the co-op corporation and could do whatever he wanted or felt he could.