1332 Diversity-Product Liability. The suit names as defendants all three of Ocean Tower's contractors: engineering firms Raba-Kistner Consultants Inc., based in San Antonio, and Datum Engineering Inc., based in Austin, as well as Delaware based Zachry Construction Corp. Palisades News. I also question the length to diameter ratio, it is pretty slender (95/1.33 = 71). The court also explicitly rejected the "interest" privilege, which Stone argued had not been addressed in the trial court. at 788. The two cases are being heard by different departments within a single superior court. Rel Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 774. 41 0 obj <>/Filter/FlateDecode/ID[<9AE8F4DA070C105AF9C84CF8D5A2177A><816DFA2E18CBA5439B6EC8283FD421D2>]/Index[33 22]/Info 32 0 R/Length 60/Prev 39087/Root 34 0 R/Size 55/Type/XRef/W[1 2 1]>>stream Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. ;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 . There is no Misappropriation of Funds, and John Spahi is not the CEO, for starters. Declaration - DECLARATION OF HERBERT NACION RE: PAYMENT AND SUBMISSION OF PRO HAC VICE APPLICATION TO STATE BAR OF CA, Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; DEFENDANT JOHN SPAHI'S DEMURRER -), Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT, Reply - DEFENDANT JOHN SPAHIS REPLY IN SUPPORT OF HIS REQUEST FOR JUDICAL NOTICE, Request for Judicial Notice - DEFENDANT JOHN SPAHIS SECOND REQUEST FOR JUDICAL NOTICE IN SUPPORT OF DEFENDANTS JOHN SPAHIS DEMURRER TO THE FIRST AMENDED COMPLAINT, Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT, Objection - OBJECTION TO DEFENDANT JOHN SPAHI'S REQUEST FOR JUDICIAL NOTICE FILED IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT, Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S DEMURRER TO THE FIRST AMENDED COMPLAINT, Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S MOTION TO STRIKE PUNITIVE CLAIM FROM FIRST AMENDED COMPLAINT, Response - RESPONSE TO PLAINTIFF OCEAN TOWERS HOUSING CORPORATION'S EX PARTE APPLICATION FOR AN ORDER CONTINUING HEARING DATE), Ex Parte Application - EX PARTE APPLICATION OF PLAINTIFF OCEAN TOWERS HOUSING CORPORATION'S FOR AN ORDER CONTINUING HEARING DATE ON JOHN SPAHI'S DEMURRER AND MOTION TO STRIKE REGARDING THE FIRST AMEND, Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196. Hunter, Superior Court of Los Angeles County; California Court of Appeal, Second Appellate District, No. It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. 0000184153 00000 n VS KB VISION FOUNDATION, ET AL. The . 2020-12-03, Los Angeles County Superior Courts | Other | 2021-06-22. 0000140158 00000 n STIPULATED JUDGMENT. Additionally, Spahi argues the statute of limitations bars the first and third causes of action. It was nicknamed "Faulty Towers" and "The Leaning Tower of South Padre Island". Judicial Foreclosure; Filed by Ocean Towers Housing Corporation (Plaintiff); Ocean Towers Housing Corporation (Plaintiff), DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk, DocketCivil Case Cover Sheet; Filed by Ocean Towers Housing Corporation (Plaintiff), DocketComplaint; Filed by Ocean Towers Housing Corporation (Plaintiff), DocketSummons (on Complaint); Filed by Ocean Towers Housing Corporation (Plaintiff), DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk, DocketNotice of Case Management Conference; Filed by Clerk, Case Number: *******0918 Hearing Date: August 07, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al. The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. Calvillo immediately took control of the Ocean Tower settlement proceeds and placed them in a "Receivership Account" at Inter National Bank. Code of Civ. ;128.7(b)(1), (4). I think 401 16-inch diameter auger-cast piles were revealed to be under the hi-rise building footprint. By signing and filing a pleading or motion, an attorney certifies the filing is not being presented primarily for an improper purpose, and that [t]he denials of factual contentions are warranted on the evidence[. Motion to Strike Punitive Damages Allegations. Plaintiff HOA sues defendant Spahi for allegedly using his position as the HOAs controlling director to engineer sham sale agreements, under which the HOA sold several residential units to Spahi and his alter egos for less than fair market value. hXrH}+Q$Y#o> hM`+ {z>cw?x. =U:y2O7:}c(#J0a?sGHL%GU_o#]n&/v4P,}s{OBeo~3,[G#Lj=*}0-PN->3}b)f|vpqP 4(. Under the transaction test from Plant Insulation, exclusive concurrent jurisdiction applies. Westside Today Judge Will Appoint Receiver Over Ocean Towers - Santa Monica Observer 0000305585 00000 n 0000230961 00000 n Case law states exclusive concurrent jurisdiction applies to conflicting adjudications of the same subject-matter by different departments of one court., The two cases do involve different defendants, different causes of action and different primary rights. trailer <<62DD41D1A9AC4D93B41AD3F841D72D45>]/Prev 870850>> startxref 0 %%EOF 124 0 obj <>stream Owners of more than 200 units filed individual actions and a putative class action was filed on behalf of the remaining unit owners. When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. The complaint does not state when defendants allegedly repudiated their obligation to indemnify. Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . Relief Based on Rescission; 2. 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. In August 2019, the parties informed the court that a tentative and conditional global settlement was agreed upon. 54 0 obj <>stream Spahi v. Superior Court of Los Angeles County et al. endstream endobj 37 0 obj <>stream Finally, one place to get all the court documents we need. The court also found that the litigation privilege didn't apply because both Stone and his comments were unrelated to the other Ocean Towers lawsuit. Construction activity ceased immediately because of the public safety risk and potential for partial collapse. According to the ruling, representatives of Isen Investments allegedly began defaming Spahi and conspiring to deflate the value of his real estate holdings after Spahi had filed for Chapter 11 bankruptcy protection in December 2009. Century City-Westwood News Jones Day represented Transbay Joint Powers Authority ("TJPA"), one of the primary parties in the Millennium Tower litigation, which is one of the highest profile litigation matters in the United States. SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[580,400],'smobserved_com-medrectangle-3','ezslot_5',155,'0','0'])};__ez_fad_position('div-gpt-ad-smobserved_com-medrectangle-3-0'); The lawsuit alleges that Spahi, who now owns a controlling interest and 40 units in the property, misappropriated $11 million out of $50 million FEMA paid Ocean Towers to make repairs after the 1994 Northridge earthquake. "That $11 million has never been accounted for," one resident told us. The developers of the Ocean Tower condominiums on South Padre Island have filed suit in Cameron County, claiming fraud on behalf of three firms involved with the engineering and construction of the high-rise building. Ocean Tower accuses the firms of fraud and/or gross negligence and is seeking $125 million in damages. Judicial Foreclosure; Filed by Ocean Towers Housing Corporation (Plaintiff); Ocean Towers Housing Corporation (Plaintiff), Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk, Civil Case Cover Sheet; Filed by Ocean Towers Housing Corporation (Plaintiff), Complaint; Filed by Ocean Towers Housing Corporation (Plaintiff), Summons (on Complaint); Filed by Ocean Towers Housing Corporation (Plaintiff), Notice of Case Assignment - Unlimited Civil Case; Filed by Clerk, Notice of Case Management Conference; Filed by Clerk. Code of Civ. Falk v. Childrens Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1469 fn. Proc. The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. Relief Based on Rescission; 2. Investors sue developer of 2 planned Honolulu condo towers In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. In 2015, an HOA shareholder filed a derivative complaint against Spahi and his alleged alter egos and co-conspirators. Los Angeles County Superior Courts | Property | Code of Civ. 0000043094 00000 n DEAN ZANDER VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION, ET AL. He never had to pay the fees! ;128.7. I would love to see the calculations by Raba-Kistner and by the structural engineer to find out the root cause of the flawed design (errors and omissions anyone). Both the first cause of action here and the 2015 action are based on allegations that defendants misused their positions as HOA directors, forcing the HOA into fraudulent purchase agreements. Joe Orlando was his henchman. 23. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. In 2015, an HOA shareholder filed a derivative complaint against Spahi and his alleged alter egos and co-conspirators, alleging breach of his duties as director and fraud on the HOA. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. U.S. BANK, N.A. v. OCEAN TOWERS HOUSING CORPORATION - Leagle Plaintiff argues the two actions involve different primary rights. 0000210744 00000 n But if you're a newcomer to our beautiful island you need to know that it is illegal to wear a necktie on South Padre Island. The HOA moves for an order striking Windsors answer and entering default. Will E.U. Contact: Doug Elmets. I can hypothesize, maybe Raba's engineer(s) thought the piles would be 100% skin friction piles but over-estimated the skin friction developed? Moreover, the Isens were aware of the harm to the Spahis that would result from the false statements and intended to cause such harm, the appellate court ruling stated about Spahis lawsuit. Proc. Nope! Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. Ocean Tower Spi - Other Texas Places - Houston Architecture Plaintiff seeks to enforce those indemnification provisions and recover legal fees. Code of Civ. 0000314725 00000 n UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. July 10, 2008 - 5:40PM. Spahi argues the new allegations action overlap significantly with the current action, involve the same plaintiff, subject matter and primary defendant, requiring a stay. 0000002573 00000 n Can check for updates at the LA Superior Court link above. 0000002075 00000 n I remember when I started blogging a few months ago; I would put in a lot of effort into writing good quality articles, post them on my blog and somehow expect the comments to start pouring in. The court agrees that some (but not all) of the claims alleged here are based on the same primary right as the 2015 action. Case Number: *******0918 Hearing Date: July 31, 2020 Dept: P, Ocean Towers Housing Corporation v. Seif Ascar et al., Case No. Laura S. Lehman v. Transbay Joint Powers Authority, et al., No. Proc. This action involves plaintiffs contractual rights, while the 2015 action concerns plaintiffs right to be free from fraudulent/disloyal conduct by directors. ] Cal. The judge is Judge Lisa Hart Cole, not Marian Kohl. *******0918, Plaintiffs Ex Parte Application for Appointment of Receiver. To read this as a knowing misrepresentation under ;128.7 would require a narrow, counterintuitive reading. And anyone who challenges him is immediately sued," she said. Ocean Towers Lawsuit Permitted To Go Forward: - SM Mirror http://texasgeotechnicalengineer.blogspot.com/2010/01/ocean-tower-implosion-photos.html, https://www.fiverr.com/seoservice35/make-390-dofollow-backlinks-manually-blog-comments-low-obl. A lone drill rig sits at the stalled construction site for Hawaii City Plaza at 730 Sheridan St. Prev Next. issue of direct and immediate concern. Ocean Towers Has Been Falsely Portrayed, Reports One Homeowner ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. 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. FAC at 47, 52. *******0918, Demurrer and Motion to Strike Portions of the First Amended Complaint, Motion for Admission as Counsel Pro Hac Vice. Additionally, even if the court accepted plaintiffs interpretation, plaintiff does not adequately justify imposition of such an extreme remedy as entry of default. https://www.fiverr.com/seoservice35/make-390-dofollow-backlinks-manually-blog-comments-low-obl. ;128.7(h). On October 7, 2020, the court entered an order finding all conditions to be met and the global settlement to be final and effective. 0000006977 00000 n 2022-02-14, California Courts Of Appeal | Other | "No one can sell their units with this dispute going on," another resident told us. 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. Ct. San Francisco Cty., Cal. Punitive damages may not be granted in an action based on breach of contract, even if the defendants breach was willful or fraudulent. Crogan v. Metz (1956) 47 Cal.2d 398, 405. A trial court reportedly dismissed the lawsuit. Filed: April 28, 2023 as 2:2019cv06106. Spahi moves to stay the current action based on exclusive concurrent jurisdiction with the original action. Proc. hbbd``b`j@ H0G @H L@ 3 Proc. Ocean Towers Housing Corporation Vs Seif Ascar As the Trustee of The Defendant argues the 2019 action constitutes an improper attempt to divide this primary right, since both actions are brought by the HOA and are based on the same alleged scheme by Spahi. Id. Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. Description. 0000089433 00000 n 0000007060 00000 n Thus, the bank could not sell us the unit. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. Ocean Towers is a 317-unit luxury cooperative apartment building high-rise located at 201 Ocean Avenue. 0000134847 00000 n Code of Civ. 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. 2. " He straight out explained to us that the above was the reason that we were not getting approved. They reassured them "Your unit will be delivered, and the building will be stronger and safer than ever", stating that completion of the construction would be delayed by "6 to 9 months". Column: Reusing Buildings for the Benefit of All, Column: SB 9 Ended R-1 Zoning, but Its Not Meeting Goals. ] Plaintiffs argument fails. The Superior Court denied the motion, finding that the statement constituted defamation per se and that there was evidence suggesting Stone's statements were false. . As an alternative reason for dismissal, Stone argued that his statements were priviliged because they litigation or were protected communications between parties who share an "interest" in an 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. Saturday, October 10, 2009 Ocean Tower Settlement and Implosion In 2006 construction began on the 31-story condo building known at the "Ocean Tower" . OCEAN TOWER LAWSUIT: Full text. 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. The court sustained defendants demurrer to the first cause of action on the grounds that it was based on the same primary right as the original action and overruled the demurrer to the second and third causes of action. Since section 128.7(g) explicitly exempts discovery responses from its scope, a request for sanctions for such conduct is not well taken. Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. Court's Privacy Ruling Break the Internet? Island spokesman Dan Quandt described the event as "a very good short-term economic boost for South Padre Island". A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. I'm happy to meet with you in person to discuss all the relevant facts. The owner of several units in the Ocean Towers residential complex near Palisades Park was given the green light to continue with his lawsuit against a real estate investment firm, a California appeals court ruled earlier this month. A dispute between two members of the Board of Directors of Santa Monica's only co-op, may put the prestigious property into receivership on Wednesday. Ocean Tower SPI was an unfinished, 31-story condominium in South Padre Island, Cameron County, Texas, United States, that was imploded when it was deemed unsafe to remain standing. ;128.7. 0000262322 00000 n She did not make any such comments about misappropriation of funds. Central Tower Building1424-4th Street, Suite 310Santa Monica, CA 90401[emailprotected], Powered by ROAR Online Publication Software from Lions Light Corporation [12][13], Any materials that could be recycled or resold, including fixtures and fittings, steel, flooring, and windows, were removed from the building before demolition. ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. 0000010410 00000 n The cases involved complex legal and technical issues regarding the cause of the movement and tilt of the tower and other alleged damage to the tower, mechanisms and costs to upgrade the tower's original foundation system and responsibility for the damages claimed by plaintiffs.Total recoveries sought against TJPA exceeded more than $1 billion. Stone appealed to California's Second Appellate District. 0000008813 00000 n We also share information about your use of our site with our social media, advertising and analytics partners. According to the buildings website, Spahis father, John, serves on the Ocean Towers board of directors as secretary. "Prestige property at 201 Ocean Ave. has completed three years of litigation". The second lawsuit, filed by 1 Source Towers, argues that the city's denial of a cell tower at 1800 Harden Blvd. 3. " Tree of Life Memorial In Palisades Park Celebrates Life of Marissa Rubin, Wife of Jerry Rubin. 0000211211 00000 n CRESTWOOD HILLS ASSOCIATION VS JON M. LEADER, ET AL. Plaintiff argues defendant violated Cal. 0000007669 00000 n According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. Cal. GRANTED. A $125 million lawsuit over the failed . {MCS}, Subscribe to our content! HOPKINS v. 01/22/2020 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference, Amended Objections to Plaintiff's Notice of Deposition of Person Most Qualified at Defendant Windsor Ocean, Inc.; Filed by Windsor Ocean, Inc. (Defendant), Notice of Ruling; Filed by Ocean Towers Housing Corporation (Plaintiff), at 08:30 AM in Department P; Case Management Conference - Held - Continued, at 08:30 AM in Department P; Hearing on Motion to be Admitted Pro Hac Vice - Held - Motion Granted, at 08:30 AM in Department P; Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held - Motion Granted, Minute Order ( (Case Management Conference; Defendant John Spahi's Demurrer -)); Filed by Clerk, Declaration (of Herbert Nacion re: Payment and Submission of Pro Hac Vice Application to State Bar of CA); Filed by John Spahi (Defendant), at 08:30 AM in Department R, Marc D. Gross, Presiding; Case Management Conference - Not Held - Vacated by Court, JOHN SPAHI?S REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT; Filed by John Spahi (Defendant), Answer; Filed by Windsor Ocean, Inc. (Defendant), Proof of Personal Service; Filed by Ocean Towers Housing Corporation (Plaintiff), First Amended Complaint For: 1. South Padre Island's Ocean Tower Highrise Condo To Be Imploded 2022-03-17, Los Angeles County Superior Courts | Property | endstream endobj startxref In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. According to filings in the case, in a posting on his website The Ocean View, Stone accused . Preliminary evaluation showed that the tower's core had sunk 14 to 16 inches (360 to 410mm), while the attached parking lot had shifted less than half that distance. Proc. TJPA is a public agency responsible for a newly constructed Transit Center adjacent to the Millennium Tower. Lakeland faces 2 lawsuits for denial of controversial cell towers ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. 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. 0000026701 00000 n Ocean Tower Failure Analysis | Walter P Moore 'Leaning tower of South Padre' to be torn down - Chron 0000144111 00000 n DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR VIA COURT CALL WHENEVER POSSIBLE. The appeals court affirmed the ruling on essentially the same grounds. 2022-09-02, Los Angeles County Superior Courts | Property | 0000007695 00000 n %PDF-1.5 % Transbay Joint Powers Authority (TJPA), et al. According to filings in the case, in a posting on his website The Ocean View, Stone accused Ocean Towers of using company funds to finance a loan for a board member's nephew. Spahi argues new allegations in the 5AC mandate this case be stayed under the rule of exclusive concurrent jurisdiction. ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. No punitive damages may be recovered even if the facts alleged complaint amount to fraud. 0000074857 00000 n 0000305624 00000 n 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. %PDF-1.5 % Pursuant to California Rules of Court 9.40, an application for appearance pro hac vice must be served on all parties who have appeared in the cause and on the State Bar of California at its San Francisco Office. Plaintiffs argument is unavailing, and Dept. Os rejection of the notice of related case is not preclusive. Copyright 2023. "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. Yo! The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. The prior demurrer ruling does not require denial of this motion. [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 fact that the parties in two actions are different does not preclude application of the rule if the two actions share a subject matter. 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. Due to popular demand the Berkman Klein Center is keeping the website online, but.