gary kurtz's latest attempt to silence website about him

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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.


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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.


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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:


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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


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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.


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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

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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


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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) .


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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-

gary kurtz's latest attempt to silence website about him

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