Caselaw

Civil Case (Be’er Sheva) 7137-09-18 Netanel Attias v. Alon Goren - part 31

November 16, 2025
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A heavy burden, therefore, rests on the shoulders of the defendant who is concealed in his hat as counsel for plaintiffs 3-7.  Let us examine, therefore, whether he fulfilled his obligations to those who sent him.

As stated, Goren claimed that he had "provided all the information in his possession about the transaction", inter alia, for the transfer of a mualam hearing venue (paragraph 55 of his affidavit).  In his interrogation, Mualem confirmed that he had received from Goren the lease contracts that had been entered into between the manager and defendant 4 (see his statement at p.  7 of Prov.  2-3; his interrogation, p.  2530, paras.  11-16).  Mualem was aware of the provisions of clause 15 of the lease contract, since, according to him, he explained to all the purchasers, including the plaintiffs, "what is the nature of the transaction, including clause 15 of the contract between the manager and defendant No.  1" (paragraph 4 of his affidavit: see more, ibid., clause 6.2; p.  7 of Prov.  S.  3-4).  Mualem added, "Everyone told me they would take the risk, otherwise I would not have allowed them to sign the agreement" (paragraph 6.7 of his affidavit).  Mualem also added that plaintiff 4, the relocation of the hearing venue of Ariel Cohen, led the conduct of the group of plaintiffs 3-7, and that he was "knowledgeable in the material, well aware of the risks and prospects in the transaction" (ibid., paragraph 8 of the affidavit).  Mualem also claimed that plaintiff No.  4, Cohen's attorney, spoke with him at length regarding the termination of the lease period, and that before instructing the other plaintiffs to sign the agreements, "he consulted with other attorneys in a telephone call from my office.  He took the text and the agreement with the manager in his hands, and repeated the explanations of me and the lawyers he consulted with me by phone.  explained to the defendants (Z.L.  - Plaintiffs) 3, 5, 6, 7 of the risks in the transaction.  All agreed to sign and take the chance that the manager would not renew the lease agreement or ask for the land back without compensation" (ibid., section 9).

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