Botach
Botach v. DiVeroli CA2/5
Opinion
Opinion
I. INTRODUCTION
Plaintiff Jonathan Botach appeals from a summary judgment in favor of defendant Ateret DiVeroli on his claims against her individually and in her capacity as co-executor of the estate of plaintiff’s brother Yoav1 Botach (the estate). We affirm.
II. BACKGROUND
This action arises from over a decade of disputes between plaintiff and Yoav. Plaintiff contends he spent years pursuing payment for debts Yoav owed to him and his siblings. Plaintiff filed several lawsuits to enforce Yoav’s promises and Yoav negotiated settlements with him to end each litigation, but Yoav never paid his debt. After Yoav’s death, plaintiff tried to collect from his estate.
Because many of the persons involved in the dispute are family members who share the same last names, we will refer to them by their first names. Ateret is Yoav’s daughter.
2 A. Plaintiff’s Agreements with Yoav2
1. 2010 agreement
In 2008, Yoav’s nephew Assaf3 filed lawsuits against Yoav in Israel. On May 2, 2010, Yoav agreed to pay plaintiff, who was licensed as a lawyer in Israel, 10 percent of all the money that plaintiff saved Yoav by representing him in the lawsuits (2010 agreement). According to…