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Gary Kurtz, Esq. SEN 128295LAW OFFICE OF GARY KURTZ
A Professional Law Corporation20335 Ventura BoulevardSuite 200Woodland Hills, California 91367
Telephone: 818-884-8400Telefax: 818-884-8404E-Mail: [email protected]
Attorney in pro per
O R I G I N A L F I L E DLOS ANQBL& SUPERIOR COURT
AUG 1? Z011
Jonn A. Clarke, Clemgy B. ViilaqonzaJo, Deputv
*
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
GARY KURTZ, )\, )
)vs. )
)ENOM, INC.; A. J. WEBERMAN, also )known as, ALAN JULES WEBERMAN, )DANIEL BEN-TZION and BENTZION )DANIEL; and DOES 1 to 50, inclusive. )
)Defendants. )
)
_Case No. X£ O^tflTv^
EX-PARTE APPLICATION FOR ATEMPORARY RESTRAININGORDER AND AN ORDER TO SHOWCAUSE RE PRELIMINARYINJUNCTION; MEMORANDUM OFPOINTS AND AUTHORITIES;DECLARATIONS OF STEVENRAMBAM AND GARY KURTZ
"iEx-Parte Application Re T.R.O. And
- i -O.S.C. re Preliminary Injunction
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Plaintiff applies ex-parte at 8:30 a.m. in Department of the above identified
court, located at 6230 Sylmar Avenue, Van Nuys, California, for a temporary restraining
order and an order to show cause re issuance of a preliminary injunction preventing the
transfer of the registration and rights to the Internet domains' Yippiemuseum.org.
Yippiemuseum.com. ajweberman.com. steverombom .org. acid-trip.org. dylanology.org.
Jewishdefense.org. which are presently registered with defendant ENOM, Inc.
This Application is based on Code of Civil Procedure § 708.240 and on the ground
that defendant's web page registrations are valuable assets subject to collection efforts in
California and some of the few, if only, assets located in the United States and subject to
collection procedures. A temporary restraining order and preliminary injunction are
necessary to prevent the transfer of the registrations or hosting of the registrations.
Without such a restraining order, the registration could easily be moved out of the
jurisdiction, out of the country, and beyond this Court's reach.
This application is based on this notice, the accompanying memorandum of points
and authorities and declaration of Gary Kurtz, the pleadings and other matters in this
Court's files in this action, and all further evidence that is presented and received at the
hearing on the instant matter.
LAW OFFICE OF GARY KURTZA Professional Law Corporation
Dated: August/?2011
ary Ku-rtz, Esq., Attorney in pro per
Ex-Parte Application ReT.R.O. And O.S.C. re Preliminary Injunction
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Memorandum of Points and Authorities
I. Introduction
Although internet registrations are valuable assets, California collections law has
not developed an expeditious way to attach and sell those assets. Plaintiff has worked out
a cumbersome way to get to the value contained in Internet domain registrations, namely
to bring a creditor's action, obtain injunctive relief to prevent transfer of domain
registrations, and obtain a receivership to sell those registrations. That procedure has
been successful in two earlier matters, namely Kurtz, v. Network Solutions, LASC Case
No. LC073703, and Rambam v. Enom, LASC Case No. SC092414. Each request in the
instant action has been tested in actions involving all parties now before this court, has
been approved by other judicial officers in those matters, and has succeeded in generating
some credit towards a larger judgment.
II. Background
Plaintiff has a substantial judgment for damages caused by defamatory
communications published by defendant. The defamation was and continues to be
published on the web sites associated with the registrations at that are the subject of this
action. The defamation was sufficiently vile so as to justify a judgment for $1,500,000 in
damages. The damages remain unpaid, and the web pages remain on line to cause
continued embarrassment and injury.
Recent examples of the defamation are attached hereto in an exhibit. The
defamation, which was aimed at judgment creditor, his investigator Steven Rambam, and
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunction
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the honorable Lisa Hart Cole, Judge of the Los Angeles Superior Court, included, but was
not limited to, the following:
• Weberman posted defamatory information on the webpage
www.steverombom.org containing defamatory information, including without limitation,
(a) accusations that Kurtz and Private Investigator Steven Rombom fabricated data to
discredit MySpace.com regarding Registered Sex Offenders who have profiles on
Myspace, (b) accusations that Kurtz conspired with the clerk of the court for Hon. Lisa
Hart Cole to perpetrate an injustice and prevail in a lawsuit against Weberman, and (c)
accusations that that Kurtz threatened a 14-year old boy with rape.
• Weberman also posted defamatory information on the webpage
www.steverombom.org/LisaHartCole, containing defamatory information, including
without limitation (a) accusing Kurtz of working with Judge Cole and her clerk in
orchestrating court hearings to deprive Weberman of due process; (b) accusing Kurtz of
being Judge Cole's partner in closing down anti-nazi websites, and (c) accusing Kurtz of
being involved in a "nursing home scam."
• Recent versions of the web page are sexual in nature, purporting to
chronicle escapades with prostitutes, dominatrixes, and other deviant behavior. At least
one significant client referral was lost in the month of July because of the continuing
damage these web pages are causing.
Defendant resides in New York, New York, where his tangible assets are located.
Plaintiff knows of only one type of asset, the registration of his Internet domains, that is
within reach of a California court. This action, and the requested injunctive relief, are a
means to obtain those assets, sell them to satisfy the judgment, and most likely remove
the offensive content.
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunction
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III. Argument
The instant action is based on Code of Civil Procedure § 708.210, which reads:
If a third person has possession or control of property inwhich the judgment debtor has an interest or is indebted to thejudgment debtor, the judgment creditor may bring an actionagainst the third person to have the interest or debt applied tothe satisfaction of the money judgment.
The related code sections include Code of Civil Procedure § 708.240, which permits
injunctive relief in a creditor's action, as follows:
The judgment creditor may apply to the court in which anaction under this article is pending for either or both of thefollowing:
(a) An order restraining the third person from transferring tothe judgment debtor the property in which the judgmentdebtor is claimed to have an interest or from paying to thejudgment debtor the alleged debt. The order shall be made onnoticed motion if the court so directs or a court rule sorequires. Otherwise, the order may be made on ex parteapplication. The order shall remain in effect until judgment isentered in the action or until such earlier time as the courtmay provide in the order. An undertaking may be required inthe discretion of the court. The court may modify or vacatethe order at any time with or without a hearing on such termsas are just.
(b) A temporary restraining order or a preliminary injunctionor both, restraining the third person from transferring to anyperson or otherwise disposing of the property in which thejudgment debtor is claimed to have an interest, pursuant toChapter 3 (commencing with Section 525) of Title 7, and thecourt may make, dissolve, and modify such orders asprovided therein.
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunction
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Here, the assets in question are registration rights to control the Internet domain
registrations located at Yippiemuseum.org, Yippiemuseum.com. ajweberman.com.
steverombom.org. acid-trip.org. dylanology.org. and Jewishdefense.org. They are
currently registered by and in the control of defendant ENOM. Unless enjoined, that can
be changed instantaneously to deprive plaintiff of the ability to use the asset to partially
satisfy his judgment.
General standards for the issuance of a preliminary injunction are satisfied in this
situation. The standard for issuing injunctive relief was set forth by the California
Supreme Court in the case of It Corp. v. County of Imperial, 35 Cal.3d 63, 69-70, 196
CaLRptr. 715 (1983):
This, court has traditionally held that trial courts shouldevaluate two interrelated factors in deciding whether or not toissue a preliminary injunction. The first is the likelihood thatthe plaintiff will prevail on the merits at trial. The second isthe interim harm that the plaintiff is likely to sustain if theinjunction is denied as compared to the harm that thedefendant is likely to suffer if the preliminary injunction wereissued.
The Court continued to explain that, "[t]he ultimate goal of any test to be used in deciding
whether a preliminary injunction should issue is to minimize the harm which an
erroneous interim decision may cause." Id. at 73.
Injunctions may be used to prevent further harm, such as the future inability to
honor the terms of an agreement. In Southern Christian Leadership Conference v. Al
Malakah Auditorium, Co., 230 Cal.App.3d 207, 223, 281 Cal.Rptr. 216 (1991), the court
explained:
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunction
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Plaintiffs are not required to wait until they suffer actualharm, but may seek injunctive relief against threatenedinfringement of their rights.
The court continued to note that:
In ruling on a preliminary injunction, the court considerswhether a greater injury will result to the defendant fromgranting the injunction than to the plaintiff from refusing it.
Id.
All injunction standards are satisfied in the instant case. First, there is an extreme
likelihood of success on the merits. Plaintiff has a judgment against Weberman, and the
defendant here is in control of an asset of the judgment debtor. Second, there is a
substantial risk of judgment debtor moving the registrations, as that could. - - -- - - • - • - - - ... -
be done....... . ...
quickly and remotely. On the other hand, there is no possibility of judgment debtor
suffering legally recognizable harm from being forced to maintain his registration with
the company of his own selection.
III. Conclusion
Plaintiff is advancing a battle tested, albeit somewhat usual, collection
Judgment debtor has one type of asset within this Court's reach, so judgment
seeks the orders necessary to collect on that judgment.
LAW OFFICE OF GARY KURTZA Professional l^w Corporation
Dated: August^ 2011 ^By: f^s?' """""̂
method,
creditor
GaTy* Kurtz, Esq., Attorney in pro per
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunction
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DECLARATION OF GARY KURTZ
I, GARY KURTZ, declare:
1. I am the plaintiff and judgment creditor in this action. The facts set forth in
this declaration are based on my personal knowledge, and if called and sworn as a
witness in this matter, I could and would testify to the following.
2. Attached hereto as Exhibit "1" is a true and correct copy of my judgment
against AJ. Weberman. This judgment is based on damages caused to me from
defamatory communications published by Mr. Weberman. The defamation was and
continues to be published on the web sites associated with the registrations at that are the
subject of this action. The defamation was sufficiently vile so as to justify a judgment for
$1,500,000 in damages. The damages remain unpaid, and the web pages remain on line
to cause continued embarrassment and injury.
3. Recent examples of the defamation are attached hereto in an exhibit "2."
The defamation, which was aimed at me, my investigator Steven Rambam, and the
honorable Lisa Hart Cole, Judge of the Los Angeles Superior Court, included, but was
not limited to, the following:
4. Weberman maintains the webpage www.steverombom.org that contains
defamatory information, including without limitation, (a) accusations that Private
Investigator Steven Rombom and I fabricated data to discredit MySpace.com regarding
Registered Sex Offenders who have profiles on My space, (b) accusations that I conspired
with the clerk of the court for Hon. Lisa Hart Cole to perpetrate an injustice and prevail in.
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunctiono „
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a lawsuit against Weberman, and (c) accusations that that I threatened a 14-year old boy
with rape.
5. Weberman also posted defamatory information on the webpage
www.steverombom.org/LisaHartCole, containing defamatory information, including
without limitation (a) accusing me of working with Judge Cole and her clerk in
orchestrating court hearings to deprive Weberman of due process; (b) accusing me of
being Judge Cole's partner in closing down anti-nazi websites, and (c) accusing me of
being involved in a "nursing home scam."
6. Recent versions of the web page are sexual in nature, purporting to
chronicle escapades with prostitutes, dominatrixes, and other deviant behavior. 1 lost at
least one significant client referral in the month of July because of the continuing damage
these web pages are causing.
7. Defendant resides in New York, New York, where I understand his tangible
assets are located. I know of only one type of asset, the registration of his web addresses,
that is within reach of a California court. This action, and the requested injunctive relieve
are a means to obtain those assets, sell them to satisfy the judgment, and most likely
remove the offensive content.
8. I have applied for and am waiting for the issuance of a writ of execution in
the underlying case.
9. I did not give notice to the defendants because I am concerned that ENOM
might have a duty to notify Mr. Weberman, and he is likely to move the registrations and
render this action moot. He would be able to transfer his registrations out of the reach of
this Court in the time between being provided with statutory notice and my ability to
present this application in court.
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunction
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10. I know of no damages the issuance of a temporary restraining order could
cause. Mr. Weberman selected ENOM as the company to register his web addresses. I
am only asking this Court to prevent him from moving those registrations away from the
company he chose of his own free will.
I declare under penalty of perjury under the laws of the state of California that the
foregoing is true and correct. Executed on August cL., 2011, at Woodland Hills,
California.
Gary Kurtz
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunction- m _
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Declaration of Steven Rambam
I, Steven Rambam, declare:
1. I am a private investigator who is licensed in the States of Texas and New
York, as well as other jurisdictions. I have also been legally permitted to act as an
investigator in the State of California. The facts stated in this declaration are based on
my personal knowledge based on what I have learned during my investigations, and if
called and sworn as a witness in this matter, I could and would testify to the following.
2. By way of background, since 1981, I have conducted or coordinated
approximately 10,000 investigations within North America and 500 foreign
investigations. A significant number of my criminal investigations have resulted in
confessions and/or arrests and prosecution. More than five hundred (500) newspaper and
magazine articles have reported on my investigations, and I have been interviewed by
numerous local television broadcasts, and by national and international news broadcasts
such as "Sixty Minutes," "48 Hours," "BBC," "CBC," "NPR," "IBA News" (Israel),
NBC's "Dateline," "The National,", "ARD Report Mainz," "Geraldo," "Discovery
Channel," and "America's Most Wanted." I have spent a considerable amount of
professional time in pro bono activities, which have included the investigation of nearly
200 Nazi collaborators and war criminals in the USA, Canada, Europe and Australia. I
also coordinated efforts to expose terrorist groups' fundraising activities in the United
States and have conducted investigations that resulted in the tightening of airport security
in 8 U.S. cities. I have lectured on topics ranging from "the location of missing persons,"
to "the criminal use of false identification," to "foreign investigations," to "death claim
Ex-Pafte'Application Re T.R.O. And O.S.C. re Preliminary Injunction. 11 .
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investigation," to "war crimes and the pursuit of war criminals." I am also a regular
speaker on the topics of investigations and have appeared a number of times at
conferences for computer professionals. I qualified as an expert witness in the
investigation of sophisticated financial fraud schemes in Karifa Capital Corp., Ltd, et al.
v. Silbert, L.A.S.C. Case No. BC154006, which was tried before Judge Elias during
January 2001. In addition, I provided testimony by declaration for the plaintiffs in Hall,
et al. v. Nite, et al., L.A.S.C. No. BC 128654, which resulted in a judgment against
certain defendants, including Rob Nite and Manor Financial Service, in the amount of
$138,000,000. I also qualified as an expert witness on the subject of foreign and multi-
jurisdictional investigations in the state of New Jersey. I hold the "CFE" board
certification form the Association of Certified Fraud Examiners and the CPP, PSP, and
PCI board certifications ASIS International. My understanding is that less than 100
persons, worldwide, have qualified to hold all 4 of these certifications.
3. In connection with my attempt to assist Mr. Kurtz collect on his judgment
in this action I have personally, and through other investigators and attorneys, conducted
lengthy investigations of the judgment debtor Alan Jules Weberman. Based on my
investigation and knowledge of Mr. Weberman (spanning over 20-years) as well as the
content of the webpages at the following URL locations, and supplemental research, my
opinion is that the following listed URLs are owned, directly or by proxy, and most likely
operated by Alan Jules Weberman (AKA Daniel Ben-Tzion) and hosted by ENOM:
yippiemuseum .orgyippiemuseum.com
ajwebernnan.comsteverombom.org
acid-trip.orgdylanology.org
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunction
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jewishdefense.org
4. The following is some of the information I have used to come to this
conclusion:
4.1. The names and content of the websites are nearly identical to the
websites previously seized from Weberman.
4.2. In some locations on the websites Weberman identifies himself as
the writer.
4.3. The web pages located at the acid-trip.org URL hosts many legal
documents related to lawsuits against Weberman, and other Weberman related
documents.
4.4. On steverombom.org Weberman discusses the underlying
defamation lawsuit and the Court's judgment.
4.5. On dylanology.org Weberman apparently writes in the first-person,
Weberman's book about Dylan is prominently advertised and there is a link to "The
Ballad of AJ Weberman."
4.6. Weberman has repeatedly described himself as the webmaster of the
so-called "Jewish Defense Organization," which operates jewishdefense.org.
Jewishdefense.org also contains a link "view documents from AJ Weberman."
4.7. Weberman has been publicly linked with the "Yippie Museum", and
his Wikipedia page states "...Weberman, who is a member of the Yippie Museum's board
of trustees...". Yippiemuseum.cQm andYippiemuseum.org (the same site) advertise
Weberman's book, "Homothug" (http://yippiemuseum .org/hornothug/pressrelease .htm) .
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunction
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4.8. AJ Weberman .com is apparently named after the Defendant, and his email
address is displayed on the site's "index" (main) page. This website was apparently
established to replace the website previously lost by Weberman: "weberman.com".
4.9. All of the websites are registered by the same Registrar (ENOM) and
have the same nameservers (ns57.landl.comand ns58.landl.com)
I declare under penalty of perjury under the laws of the state of California that the
foregoing is true and correct to the best of my knowledge and belief. Executed on August
So 11, at New York.
Steven Rambftm
Ex-Parte Application Re T.R.O. And O.S.C. re Preliminary Injunction-14-