It is not possible to learn from the cost of the renovation carried out by the partnership near the evacuation of the café by Sol, in order to build a warehouse and services on the ground floor of the café - for the purpose of obtaining a business license to operate a café, regarding the cost of repairing the aforementioned damages.
The cost of demolishing part of the café for the purpose of building a warehouse and toilets on the ground floor cannot be a substitute for an appraiser's opinion regarding the cost of repairing the damage of broken ceramics and torn electrical wires.
Appendix 11 to the counterclaim is not signed, it is not clear who edited it, and it refers to a general renovation of the café, and not to the repair of the alleged damages.
In the absence of proof of the amount of damages, there is no choice but to dismiss the claim.
- Sol's municipal tax debt to the partnership:
In section 75a(a3) of the lawsuit, the defendant was sued to pay a municipal tax debt to the Herzliya Municipality in the amount of ILS 73,150.
Saul admitted in his interrogation: "Q. Did you pay the property tax debt from August 15 to the end of December 16? A. I didn't pay... Because it was not in our name" [p. 442 of the transcript, lines 24-28].
In the matter of municipal taxes, the municipality was not informed that Sol was an authority on the land. In the municipal property tax records, the partnership was registered as a holder, and the partnership was obligated to pay the municipal taxes during the period when Sol operated the café.
In light of the lack of clarity regarding the amount of the municipal tax debt, the plaintiffs' counsel announced at p. 606 of the transcript lines 6-7: "I suggest that the Herzliya Municipality... Submit a written notice of the amount of the property tax debt."
The Herzliya Municipality Attorney submitted, in accordance with the court's decision, a notice on July 11, 2022. She attached the statement of the debt statement. For the convenience of review, the notice will be marked N/23.