On July 21, 2005, the Los Angeles Superior Court vacated the award of the Bet Din of Beverly Hills (the psak of R. Gavriel Cohen).
The dispute is within a family over the ownership of the synagogue Yad Avraham (12426 Burbank Blvd., Valley Village, CA 91607).
Around 2004, Rabbi David Addato went to the Bet Din of Beverly Hills and claimed the shul Yad Avraham was his. The Bet Din by a vote of two rabbis to one ruled against him.
The dissenting rabbi, Moshe Benzaquen, sided with David Addato and made a declaration that helped to cause the Los Angeles Superior Court to vacate the Bet Din of Beverly Hills ruling in July of 2005. R. David Addato’s side accused the Bet Din of Beverly Hills of corruption.
R. Gavriel Cohen tells me this accusation has no basis in fact and it is an old and tired accusation brought frequently against Battei Din (Jewish law courts) when they rule against you.
“We had no benefit from the ruling,” says R. Gavriel Cohen. “We were asked a question and we poskened (ruled).”
Rabbi David Addato declined to comment to me on the case.
It is rare that a dissenting Orthodox rabbi on a Beit Din will assist in taking a case to a secular court.
In a dispute such as this, each side gets to choose a dayan (rabbi judge) and then agree on a neutral third judge (dayan). When two of the three rabbis agree on a ruling, that is the psak (ruling) and normally, the dissenting rabbi does not even tell his side that he ruled for them and disagreed with the majority ruling. Normally the dissenting rabbi just says, “This is the psak.”
To then make a declaration for a secular court to vacate a bet din ruling is unusual.
I hear this July 2005 motion alleging corruption on the part of the Bet Din is a great read but I don’t have a copy of it and there is no electronic copy of the filings available online.
It’s not every day you hear about bet din awards vacated for allegations of corruption.
Now the case has a hearing on April 28 in LA Superior Court Glendale. Apparently the court in Glendale wants to make sure that the case goes to arbitration. There’s a motion to the court to appoint a neutral arbitrator.
The Israel Father’s Rights Advocacy Council (Gadi Pickholz) emails:
Your comment re corrupt or incompetent bet din is unfair and inaccurate.
Over 32% of rulings of the Bet Din in Israel are overturned on appeal (almost identical percentages to the secular courts). There is one tribunal in Jerusalem, now disbanded, in which they ruled all decisions in all cases over a certain period of time may be appealed and restarted, and the three dayanim involved banned from any further judicial roles.
This is in a statistical pool of more than 7 million citizens.
What occurs in the States is not a true bet din process, particularly the bizarre insistence on no right to appeal, generally a prerequisite demand. That is simply shtetl vestiges still at play in the 21 century.
Logic dictates that 30+% of the rulings are wrong– higher, as the dayanim in most cases are not professional jurists and have constant community and congregational conflicts of interest — the entire structure of the RCA Bet Din of America is invalid under both Halacha and Israeli civil law, in but one example.
The morass of the bet din system in the USA continues only because the population tolerates it, either out of ignorance or fear. But never confuse that with actual bet din and a proper judicial system.
Case Number: EC038554
YAD AVRAHAM VS. DAVID ADDATO, ET AL
Filing Date: 02/24/2004
Case Type: Quiet Title (General Jurisdiction)
Status: Dismissed – Binding Arbitration 02/25/2005
Future Hearings
04/28/2011 at 08:30 am in department NCGD at 600 East Broadway, Glendale, CA 91206
Post-Arbitration Status Conference
Documents Filed | Proceeding Information
Parties
ADDATO DAVID – Defendant and Cross-Complainant
ADDATO RUTH – Defendant
AVRAHAM YAD – Plaintiff and Cross-Defendant
LAW OFFICES OF LEON SMALL – Associated Counsel
LAW OFFICES OFJOSEPH Y. AVRAHAMY – Atty for Defendant and Cross-Compl
N.P. FINANCIAL CORPORATION – Defendant
SCHREIBER & SCHREIBER INC. – Attorney for Plaintiff
SHEPPARD BRIAN J. – Mediator-Immediate Former
WELLS FARGO HOME MORTGAGE CORPORATION – Defendant
Case Information | Party Information | Proceeding Information
Documents Filed (Filing dates listed in descending order)
Click on any of the below link(s) to see documents filed on or before the date indicated:
12/08/2004
01/05/2011 Miscellaneous-Other (STATUS CONFERENCE REPORT ON TRIAL IN JUDGE MATZ’S COURT )
Filed by Attorney for Plaintiff
12/17/2009 Second Amended Complaint
Filed by Attorney for Defendant
12/08/2009 Reply Brief (RE: MOTION FOR COURT ORDER APPOINTING A NEURTRAL ARBITRATOR & ORDERING THE COMPLETION OF ARBITRATION )
Filed by Attorney for Defendant
11/30/2009 Opposition (TO PLT’S MOTION FOR COURT ORDER APPOINTING A NEURTRAL ARBITRATOR DECL. OF JOSEPH Y AVRAHAMY )
Filed by Atty for Defendant and Cross-Compl
11/12/2009 Motion for an Order (APPOINTING A NEUTRAL ARBITRATOR ORDERING THE COMPLETION OF ARBITRATION )
Filed by Attorney for Defendant
10/14/2009 Miscellaneous-Other (DEFENDANTS & CROSS-COMPLAINANTS’ REPLY TO PLAINTIFF’S STATEMENT AND DECLARATIONS RE: OSC RE: DISM. FOR FAILURE TO COMPLETE ARBITRATN; DECLARATION OF RABBI DAVID RUE AND JOSEPH Y. AVRAHAMY IN SUPPORT)
Filed by Atty for Defendant and Cross-Compl
10/14/2009 Objection (EVIDENTIARY OBJECTIONS RE: OSC RE: DISMISSAL FOR FAILURE TO COMPLETE ARBITRATION )
Filed by Atty for Defendant and Cross-Compl
10/13/2009 Declaration (AND STATEMENT RE: OSC RE: DISMISSL FOR FAILURE TO COMPLETE ARBITRATN )
Filed by Attorney for Plaintiff
07/21/2006 Miscellaneous-Other (DEFENDANTS AND CROSS-COMPLAINANTS’ BRIEF-IN REPLY TO PLAINTIFF’S OPPOSITION TO MOTION TO EXPUNGE )
Filed by Atty for Defendant and Cross-Compl
07/17/2006 Opposition (TO DEFENDANTS’ MOTION TO EXPUNGE LIS PENDENS; DECLARATIONS OF EDWIN C. SCHREIBER; KADURI PERETZ AND MOTI HARRARI IN SUPPORT OF THE OPPOSITION )
Filed by Attorney for Plaintiff
07/17/2006 Objection (TO DECLARATION OF JOSEPH Y. AVRAHAMY )
Filed by Attorney for Plaintiff
06/29/2006 Notice of Motion (AND MOTION TO EXPUNGE NOTICE OF PENDING ACTION RECORDED BY PLAINTIFF ON MARCH 19, 2004; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF JOSEPH Y. AVRAHAMY)
Filed by Atty for Defendant and Cross-Compl
09/02/2005 Reply to Opposition (TO MOTION TO VACATE ARBITRATION AWARD; DECLARATION OF MORDECHAI GAL )
Filed by Atty for Defendant and Cross-Compl
09/01/2005 Miscellaneous-Other (REPLY BRIEF RE: PETITION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT; )
Filed by Attorney for Plaintiff
08/29/2005 Miscellaneous-Other (DEFENDANTS’ MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF’S MOTION TO CONFIRM ARBITRATION AWARD )
Filed by Atty for Defendant and Cross-Compl
08/29/2005 Declaration (OF RABBI YAACOV SAFRANOVITZ )
Filed by Attorney for Plaintiff
08/29/2005 Opposition (TO PETITION TO VACATE ARBITRATION AWARD )
Filed by Attorney for Plaintiff
08/29/2005 Declaration (OF MORDECHAI HARARRI )
Filed by Attorney for Plaintiff
08/29/2005 Request for Judicial Notice (IN SUPPORT OF PLAINTIFF’S OPPOSITION TO PETITION TO VACATE ARBITRATION AWARD AND NOTICE OF LODGING OF TRANSCRIPT )
Filed by Attorney for Plaintiff
08/11/2005 Declaration (SUPPLEMENTAL DECLARATION OF RABBI DAVID ADATTO, WITH PHOTOGRAPHS, IN FURTHER SUPPORT OF EX PARTE APPLICATION )
Filed by Atty for Defendant and Cross-Compl
08/10/2005 ExParte Application (TO PRHIBIT IMPLEMENTATION OF ARBITRATION AWARD PENDING RESOLUTION ON MOTION TO VACATE; CERTIFICATE OF NOTICE; MEMORANDUM OF LAW; DECLARATIONS OF RABBI DAVID ADATTO AND LEON SMALL IN)
Filed by Atty for Defendant and Cross-Compl
08/06/2005 Miscellaneous-Other (EVIDENTIARY OBJECTIONS AND REQUEST TO STRIKE CERTAIN PORTIONS OF THE DECLARATIONS OF JOSEPH AVRAHAMY; MORDECHAI GA; AND RABBI MOSHE BENZAQUEN FILED IN SUPPORT OF PETITION TO VACATE ARB.)
Filed by Attorney for Plaintiff
07/21/2005 Petition (TO VACATE ARBITRATION AWARD )
Filed by Atty for Defendant and Cross-Compl
07/21/2005 Notice (OF PETITION AND PETITION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT; DECLARATION OF EDWIN C. SCHREIBER IN SUPPORT THEREOF )
Filed by Attorney for Plaintiff
07/21/2005 Petition (TO VACATE ARBITRATION AWARD; MEMORANDUM OF LAW; DECLARATIONS OF JOSEPH Y. AVRAHAMY AND RABBI MOSHE BENZAQUEN IN SUPPORT THEREOF; )
Filed by Atty for Defendant and Cross-Compl
07/20/2005 Association of Counsel
Filed by Atty for Defendant and Cross-Compl
01/04/2005 Notice
Filed by Clerk
12/13/2004 Reply to Opposition (TO MOTIONS TO COMPEL DISCOVERY; DECLARATION OF JOSEPH Y. AVRAHAMY )
Filed by Atty for Defendant and Cross-Compl
Click on any of the below link(s) to see documents filed on or before the date indicated:
TOP 12/08/2004
12/08/2004 Opposition (TO MOTIONS TO COMPEL RESPONSES TO INTERROGATORIES, REQUESTS FOR ADMISSIONS AND DOCUMENT REQUEST; DECLARATION OF EDWIN C. SCHREIBER )
Filed by Attorney for Plaintiff
11/24/2004 Motion to Compel (RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JOSEPH Y. AVRAHAMY; REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl
11/24/2004 Motion to Compel (RESPONSES TO FORM INTERROGATORIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JOSEPH Y. AVRAHAMY; REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl
11/24/2004 Motion to Compel (RESPONSES TO SPECIAL INTERROGATORIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JOSEPH Y. AVRAHAMY; REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl
11/24/2004 Motion to Compel (RESPONSES TO REQUEST FOR ADMISSIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JOSEPH Y. AVRAHAMY; REQUEST FOR SANCTIONS; )
Filed by Atty for Defendant and Cross-Compl
11/19/2004 Notice (OF TRIAL DATE, FSC AND MSC DATES )
Filed by Attorney for Plaintiff
11/15/2004 Answer to Cross-Complaint (BY CROSS DEFENDANTS, YAD AVRAHAM, A CALIFORNIA NON-PROFIT CORPORATION AND MORDECHAI HARARRI )
Filed by Atty for Plaintiff and Cross-Deft
10/20/2004 Statement-Agreement (Partial) (FIRST )
Filed by Mediator
08/16/2004 Answer (OF DEFENDANTS, DAVID ADATTO AND RUTH ADATTO )
Filed by Attorney for Defendant
08/16/2004 Cross-Compl fld- No Summons Issued
Filed by Atty for Defendant and Cross-Compl
07/27/2004 Notice-Mediation Hrg Date
Filed by Mediator
07/19/2004 Notice-Assignment-Mediator
Filed by ADR Clerk
07/19/2004 Second Amended Complaint (NO SUMMONS ISSUED )
Filed by Attorney for Plaintiff
07/09/2004 Statement-Case Management
Filed by Attorney for Plaintiff
07/08/2004 Statement-Case Management
Filed by Attorney for Plaintiff
06/23/2004 Demurrer (TO COMPLAINT; POINTS AND AUTHORITIES IN SUPPORT )
Filed by Attorney for Defendant
05/27/2004 Summons Filed
Filed by Attorney for Plaintiff
05/27/2004 First Amended Complaint (SUMMONS ISSUED )
Filed by Attorney for Plaintiff
05/26/2004 Proof of Service (OF SUMMONS AND COMPLAINT )
Filed by Attorney for Plaintiff
04/29/2004 Reply Brief
Filed by Attorney for Plaintiff
04/26/2004 Opposition (TO DEFENDANT DAVID ADATTO’S DEMURRER )
Filed by Attorney for Plaintiff
04/01/2004 Demurrer (TO COMPLAINT, POINTS AND AUTHORITIES IN SUPPORT )
Filed by Attorney for Plaintiff
02/24/2004 Complaint Filed
Click on any of the below link(s) to see documents filed on or before the date indicated:
TOP 12/08/2004
Case Information | Party Information | Documents Filed
Proceedings Held (Proceeding dates listed in descending order)
Click on any of the below link(s) to see proceedings held on or before the date indicated:
7/23/2004
01/10/2011 at 08:30 am in Department NCGD, David S. Milton, Presiding
Post-Arbitration Status Conference – Continued
11/29/2010 at 08:30 am in Department NCGD, David S. Milton, Presiding
Post-Arbitration Status Conference – Continued
10/18/2010 at 08:30 am in Department NCGD, David S. Milton, Presiding
Post-Arbitration Status Conference – Continued
08/03/2010 at 08:30 am in Department NCGD, David S. Milton, Presiding
Post-Arbitration Status Conference ((related to EC050431)) – Continued
04/28/2010 at 08:30 am in Department NCGD, David S. Milton, Presiding
Post-Arbitration Status Conference ((related to EC050431)) – Continued
04/06/2010 at 08:30 am in Department NCGD, David S. Milton, Presiding
Post-Arbitration Status Conference – Continued
01/08/2010 at 09:45 am in Department NCGD, David S. Milton, Presiding
Order to Show Cause (Re: Appointment of Arbitrator) – Continued
12/11/2009 at 09:45 am in Department NCGD, David S. Milton, Presiding
Order to Show Cause (RE: DISMISSAL, FOR FAILURE TOCOMPLETE BINDING ARBITRATION2. MOTON FOR COURT ORDER APPOINTINA NEUTRAL ARBITRATOR & ORDERINGTHE COMPELTION OF ARBIRATION) – Court makes Order
10/15/2009 at 08:30 am in Department NCGD, David S. Milton, Presiding
Order to Show Cause (Re: Dismissal, for failure tocomplete binding arbitration) – Continued
09/11/2009 at 08:30 am in Department NCGD, David S. Milton, Presiding
Non-Appearance (Case Review) – Court makes Order
07/28/2006 at 09:45 am in Department NCGD, Charles W. Stoll, Presiding
Motion (TO EXPUNGE NOTICE OF PENDINGACTION RECORDED BY PLAINTIFF ONMARCH 19, 2004;) – Denied
09/09/2005 at 09:45 am in Department NCGD, Charles W. Stoll, Presiding
Civil Petition Hearing (TO CONFIRM ARBITRATION AWARD ANDFOR ENTRY OF JUDGMENT; PETITIONTO VACATE ARBITRATION AWARD;) – Court makes Order
08/11/2005 at 09:00 am in Department NCGE, Laura A. Matz, Presiding
Exparte proceeding – Granted
08/10/2005 at 01:30 pm in Department NCGE, Laura A. Matz, Presiding
Exparte proceeding – Continued
03/07/2005 at 09:00 am in Department NCGD, Charles W. Stoll, Presiding
Court Trial – Long Cause (MSC/FSC: 1-4-05ESTIMATE: 2 DAYSCRASH: 1-28-05) – Hearing prev. advncd and vacated
02/25/2005 at 08:45 am in Department NCGD, Charles W. Stoll, Presiding
CRASH Settlement Conference (MSC/FSC: 1-4-052 DAY COURT TRIAL: 3-7-05) – Arbitration – Binding
01/04/2005 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Mandatory Settlement Conference – Conf held/Not settled.Trial stands
01/04/2005 at 08:30 am in Department NCGD, Charles W. Stoll, Presiding
Mandatory Settlement Conference (AND FINAL STATUS CONFERENCE2 DAY COURT TRIAL 1-18-05) – Transferred to Other Department
12/17/2004 at 09:45 am in Department NCGD, Charles W. Stoll, Presiding
Motion to Compel (RESPONSES TO REQUEST FORPRODUCTION OF DOCUMENTS; MOTION TOCOMPEL RESPONSES TO REQUEST FORADMISSION; MOTION TO COMPELRESPONSES TO SPECIALINTERROGATORIES; MOTION TO COMPEL) – Court makes Order
11/10/2004 at 08:30 am in Department NCGD, Charles W. Stoll, Presiding
Post-Mediation Status Conference (MEDIATION TO BE COMPLETED BYOCTOBER 31, 2004) – Trial and Conference Set
10/21/2004 at 10:00 am in Department ADRO, ADR Neutral, Presiding
Closed-ADR (OCTOBER 11, 2004- COURT HOLIDAYBRIAN SHEPPARD – MEDIATOR) – Agreement (Partial
Click on any of the below link(s) to see proceedings held on or before the date indicated:
TOP 7/23/2004
07/23/2004 at 09:45 am in Department NCGD, Charles W. Stoll, Presiding
Hearing on Demurrer (TO COMPLAINT) – Matter Placed Off Calendar
07/13/2004 at 08:30 am in Department NCGD, Charles W. Stoll, Presiding
Conference-Case Management – Ordered to Mediation – $0-25,000
05/10/2004 at 08:30 am in Department NCGD, Charles W. Stoll, Presiding
Order to Show Cause (RE: FAILURE TO COMPLY WITH TRIALCOURT DELAY REDUCTION ACT.) – Matter Placed Off Calendar
05/07/2004 at 09:45 am in Department NCGD, Charles W. Stoll, Presiding
Hearing on Demurrer (TO COMPLAINT) – Court makes Order
