Caselaw

Civil Case (Be’er Sheva) 7137-09-18 Netanel Attias v. Alon Goren - part 63

November 16, 2025
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In fact, Mr. Sidon testified that his friends had consciously decided not to investigate the matter in the offices of the Director at that time, because they "did not want to" (p.  1315, s.  8), and that he himself did not check that "I am lazy" (ibid., s.  11).  It follows that it was not only inexplicable negligence that caused plaintiffs 3-7 not to examine the matter in the administration's offices, despite the significant fear that was revealed to them, but rather a conscious lack of desire to do so.

In Mr. Elia Shimoni's testimony, he admitted that after Mr. Zidon spoke with him about the matter in 2012, he called Mr. Dahari and asked him whether the manager might take the land back into his possession.  In response, he claimed that Mr. Dahari replied, "There is no way, it never happens, it never happened" (p.  1464 of Prov.  Sh.  1-2).  In response to the court's question as to why he called Mr. Dahari, who is not authorized to answer this, Mr. Shimoni replied, "I was not the legal proprietary authority in our group" (ibid., at p.  1467, paras.  11-12).  According to him, he contacted the two attorneys in the group (Ariel Cohen's Hearing Venue and Younger Sessions, Plaintiffs 4-5, Addendum mine), who told him "that they are not familiar with any such practice" (ibid., p.  1469, para.  18).  He later claimed that they were "not in it" (ibid., para.  26).  When asked if the lawyers are not proficient in the field ("they are not in it", as he puts it), why the plaintiffs did not better examine the question marks that were revealed to them, he replied, "Right, right.  We were naïve.  We were naïve.  I ask my lord, and if I knew, then what would it help me?" (ibid., p.  1470, paras.  10-11).  He later claimed that "I was not afraid" (p.  1531 of Peru, s.  12).  Mr. Shimoni admitted that if the plaintiffs had clarified the matter at that time, they would have had the power to demand the cancellation of the transaction, and thus prevent the damages they claim in this lawsuit, and at least to the extent of their significant share (p.  1527, s.  1).

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