On the basis of these arguments, the plaintiff therefore petitions to oblige the defendant to pay the sum of ILS 2,300,000.
- According to the defendant, the claim is unfounded.
First of all, the defendant argues that the claim should be dismissed out of hand due to the act of the court. In the framework of the previous lawsuit, the defendant claims, the plaintiff himself filed a counterclaim in which he also went to the trouble of recounting the exact same claims that he claims in this proceeding. The plaintiff could have petitioned for the remedies to which he is now petitioning in the framework of the previous lawsuit, and since he did not do so, he does not have the right to clarify these claims in a separate proceeding, and the judgment given in the previous suit constitutes an act of the court that prevents the plaintiff from raising the claims in this suit.
Second, the defendant argues that the claim should be dismissed due to the statute of limitations. Since the claim was filed on December 22, 2022, the defendant argues that any claim that the plaintiff has against him on the basis of a cause of action that arose more than 7 years prior to the filing of the lawsuit, has become statute of limitations and in itself justifies the dismissal of the claim.
And thirdly, on the merits of the claims, the defendant argues that there is no basis for the plaintiff's claims. The defendant does not deny the claim that he is writing chapters from a book that has not yet been completed, and he does not deny the claim that he began publishing the book that is the subject of the lawsuit, but claims that the book deals with an imaginary plot, that there is no connection between the characters of the book and the plaintiff, that any similarity that will be found between the characters of the book and the plaintiff is only coincidental, and that it should be assumed that many people in the world have characteristics similar to those of the protagonist of the book. "The villain." Characteristics such as overweight and diabetes.