UPDATED: Miramar Ownership Disputed in Legal Battle

By Adam Townsend and Jessica Burger

A San Clemente man named Barry Baptiste told the San Clemente City Council this week that he was the true owner of the Miramar Theater, but Marc Spizzirri the presumed owner of the ramshackle historic property, said that isn't true.

"He's definitively not the owner of the theater -- he is not now, never has been," Spizzirri said in a Thursday phone interview. "Why he thinks he owns the property is a mystery to me."

Baptiste has been a San Clemente Resident since December of 2000 and has been involved in a three-year lawsuit with Spizzirri and his partner Raymond Dixon since August of 2009, Baptiste said. 

Spizzirri said he started out in 2009 as the plaintiff in the lawsuit -- Family Investment Company V. Mach-1 Autogroup -- suing Baptiste's Mach-1 for breach of contract. Baptiste attempted three times to purchase Family Honda in Rancho Santa Margarita from Spizzirri and his partner, but failed each time.

Spizzirri said the judge ruled in his company's favor, but also ruled they owed Baptiste the $2 million in deposit money back. Spizzirri is appealing the verdict, he said.

"They never had the ability to buy the dealership and basically wasted my time and money," he said.

Ultimately, Spizzirri filed for Chapter 11 bankruptcy to protect his assets as a "result of their efforts to collect this judgement that I think is flawed."

Baptiste at the meeting called the Miramar theatre and bowling alley, “a real blight to San Clemente and a real shame.”

“I’m tired of sitting at home hearing about the owner of the Miramar," Baptiste said. "I was very frustrated when reading your agenda, and reading in the papers, that Mr. Spizzirri is going around telling everybody he is the owner.”

Council member Lori Donchak said, “We direct the mayor to verify who the property owner is before we move forward.”