A motion to dismiss a lawsuit with prejudice, filled recently to the Herzeliya Magistrate Court, by Adv. Gabriel Moyal-Maor, a partner at the law firm of Hamburger Evron, on behalf of Israel Discount Bank, reveals a case where a plaintiff, unhappy with the court's direction in his matter, tried twice to disqualify the presiding justice. The claim against the bank was filled for the amount of 2 Million NIS. The claim stated that the bank had given a third party a mortgage based on the plaintiff's forged signature. The plaintiff, unhappy with the court's recommendation to "seriously consider continuing his prosecution or to consider writing off some of the defendants" decided to take action. He approached the presiding judge, Meir Shenhav, at his house. Judge Shenhav, in his shock, heard what the plaintiff had to say instead of avoiding them, and thus was forced to disqualify himself. However, that was not the end. After the appointment of Judge Sigal Resler Zakai to preside the matter, the plaintiff once again decided to take matters into his own hands since he was unhappy, yet again, with the Court's rulings. Moreover, during one of the preliminary hearings, when asked by the Court, would he (the plaintiff) appear again on the doorsteps of the presiding judge, the plaintiff answered, he cannot promise it would not happen again. This time, the plaintiff sent an envelope to Judge Resler-Zakai's chamber. The judge avoided opening the envelope, only thanks to her own awareness. According to the motion, the plaintiff attempted to disguise his envelope as one sent from the Commissioner of Public Complaints against Judges, in the Israeli department of Justice. The bank summons its motion: "this is the plaintiff's systematic behavior. The plaintiff decided to obstruct justice in any possible way, in order to dictate the court's ruling as well as the identity of the presiding justice." The bank of course, raises a concern that the plaintiff might take matters into his own hands once again, until the case goes to his suitable direction. According to the bank, the plaintiff intentionally obstructs justice, he is his own judge, and he shows utter disrespect to the judicial system and its presiding judges. Therefore, it is only appropriate that the plaintiff's claim would be dismissed with prejudice. The bank continues:" the notion that a party could just disqualify a presiding judge simply because they do not like the court's direction and without giving any proper chance to respond to the other party is unacceptable and unthinkable." |
Our Legend
Hamburger Evron & Co. was founded in 1928 by the late Adv. Arie Hamburger.
Since the 70's, the firm was headed by the late Adv. Amnon Evron, who was recognized as one of the leading lawyers in Israel in the fields of commercial law, and was renowned as an expert lawyer and a gifted litigator. In addition to his legal activities, Adv. Evron was a member on the board of the international Arthur Rubinstein Voluntary association, and was a board member of the new Israeli opera association.
