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Gary Kurtz, Esq. SBN 128295
2
LAWOFFICEOF
GARYKURTZ
A
Professional
Law
Corporation
3
20335
Ventura Boulevard
4
Suite
200
Woodland Hills, California 91367
5
6
Telephone:
818-884-8400
Telefax:
818-884-8404
'
E-Mail:
,
gary@garykurtzlaw.com
8
Attorneyin pro per
ORIGINAL
FILED
LOt
ANGELA
SUPERIOR
COURT
AUG
1
1
2011
Jonn
A,
Clarke,
ClerK
gy
B.
Villaqonzalo,
Deputv
1
o
SUPERIOR
COURT
OF
CALIFORNIA
1
1
COUNTY
OF LOS
ANGELES
12
13
GARY KURTZ, )
14
Plaintiff,
)
15
)
16
VS
"
>
17
ENOM, INC.;
A. J.
WEBERMAN, also
)
known
as,
ALAN JULES WEBERMAN,
)
DANIEL
BEN-TZION
and BENTZION )
19
DANIEL;
and
DOES
1 to 50,
inclusive.
)
20
^
Defendants.
)
21
)
22
23
fa
2425
26
2728
Ex-Parte
Application
Re
T.R.O
And
1
Cas%No,
X,
C
&9¥5~&3
EX-PARTE APPLICATION
FOR A
TEMPORARY RESTRAININGORDER
AND AN
ORDER
TO
SHOWCAUSE
RE
PRELIMINARYINJUNCTION; MEMORANDUM
OF
POINTS
AND
AUTHORITIES;
DECLARATIONS
OF
STEVENRAMB AM AND GARY KURTZ
O.S.C.
re
Preliminary Injunction
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121314
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18
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2122
23
24
25262728Plaintiff
applies ex-parteat8:30 a.m.inDepartmentof theabove
identified
court,
located
at
6230
Sylmar
Avenue,
Van
Nuys, California,
for a
temporary restrainingorder and an order to show cause re issuance of a preliminary injunction preventing thetransfer of the registration and
rights
to the Internet domains Yippiemuseum.org.Yippiemuseum.com.
aj
w eberman
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
groundthat defendant's
web
page registrations
are
valuable
assets
subject
to
collection efforts
in
California
andsomeof thefew,ifonly,
assets
locatedin theUnited
States
andsubjecttocollection procedures.
A
temporary restraining order
and
preliminary
injunction
are
necessary to prevent the transfer of the registrations or hosting of the registrations.Withoutsuch a restraining order, the registration could easily be moved out of thejurisdiction,
out of the
country,
and
beyond this
Court's reach.
This application
is
based
on
this notice,
the
accompanying memorandum
of
pointsand 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 thehearing on the instant matter.
LAW
OFFICE
OF
GARY
KURTZ
AProfessionalLaw Corporation
Dated:
August/?2011
;,
Esq., Attorney
in pro perEx-Parte
Application
ReT.R.O.
And
O.S.C.
rePreliminary
Injunction
o
Ill
3u
So.
O
PQ
K
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£
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456
78
9
10
11
12
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15
1617
1819
20
21
222324
25
26
27
28
Memorandum
of
Points
and Authorities
I.
Introduction
Although
internet registrations
are
valuable assets, California collections
law hasnot
developed
an
expeditious
way to
attach
and
sell
those
assets.
Plaintiff
has
worked
outa
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
domainregistrations,
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, hasbeen approved
by
other judicial officers
in
those matters,
and has
succeeded
in
generatingsome 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 thisaction.
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
causecontinued 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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