RK Centers, Raanan Katz, Free Speech With A Public Issue

Recent California Court verdict demonstrated another victory of FREE SPEECH in the Land of Free.

"Dr. Aaron Filler filed a complaint against former patient Susan Walker in Los Angeles Superior Court on May 31, 2011. In his complaint, Filler alleged defamation and interference with prospective economic advantage in response to Walker's review of Dr. Filler on a physician rating site.

On August 24, 2011, Walker filed a motion to strike based on California Code of Civil Procedure §§ 425.16 and 45, California's anti-SLAPP statute. Walker's motion argues that Walker is shielded from liability as the "dissemination of consumer information about medical care is a vital ‘public issue' and the internet is a ‘public forum,' and that Dr. Filler is a public figure subject to the burden of proving actual malice. Filler filed an opposition to this motion on September 16, 2011, also requesting leave to amend the complaint to plead more specific factual allegations to establish actual malice. Walker replied to Filler's opposition on September 22, 2011.

After a hearing on April 19, 2011, Walker's motion to strike was granted. In the order filed on May 8, 2012, Judge Elizabeth White held that Filler's claims arose from Walker's act of free speech in connection with a public issue under CCP § 425.16 and that Filler did not establish a probability of prevailing on these claims. In accordance with this order, Judge White later ordered Filler to pay $50,259.65 to Walker for attorneys' fees and costs." 

RK Centers, Raanan Katz and their alleged defamation case targets Free Speech in Florida - "NO SOUP FOR YOU!!!"

Raanan Katz, Miami Heat, RK Centers Owner, Is Begging The Court For Extension Of Time

"Работать надо больше, а жрать меньше"

Raanan Katz, Miami Heat and RK Centers Owner, is begging the court for second extension of time. Raanan Katz filed his frivolous copyright case in Miami in June 12, 2012. Since that time Mr. Katz is requesting second extension of time. First motion for extension was filed in July, now in August Raanan Katz is looking for more time to delay the "case".

Yeah, Raanan Katz, it is not easy to handle your own "brilliant" abusive litigation practice!!! Probably Mr.Katz needs to hire third law firm to be able to meet court deadlines. Go Raanan Katz, GO...  Below is Raanan Katz motion.

RAANAN KATZ'S FIRST MOTION FOR EXTENSION OF TIME
TO RESPOND TO DEFENDANT'S SECOND MOTION TO DISMISS
Plaintiff, Raanan Katz, by and through his undersigned counsel, hereby moves for an extension of time to respond to Defendant's Motion to Dismiss the Amended Complaint [the "Second Motion to Dismiss," DE 14], and states:
1.    The current deadline to respond to the Second Motion to Dismiss is August 27, 2012.
2.    Undersigned counsel (Michael B. Chesal) has just returned on the afternoon of August 2 from a two and one half week trip out of the country.
 3.    Defendant's Second Motion to Dismiss with its attached Exhibits exceeds over 200 pages and seeks dismissal of the Amended Complaint with prejudice. Plaintiff's counsel is preparing a substantive response but will need additional time given the nature of the motion coupled with being out of the office when the motion was served.
4.    Undersigned counsel is only seeking a ten (10) day extension of time to respond, up to and including September 6, 2012 in order to adequately respond to Defendant's Second Motion to Dismiss.
5.    This request is made in good faith and not for purposes of undue delay and will not unduly prejudice any of the parties involved in this action.
6.    In accordance with Local Rule 7.1(a)(3)(A), counsel for the movant certifies he has conferred with counsel for the Defendant in a good faith effort to resolve the issues raised in this motion but has been unable to do so. For some reason, counsel for the Defendant refuses to agree to the brief requested extension (even though undersigned counsel previously consented to an extension of time requested by Defendant's counsel, my comment: what extension Raanan Katz is talking about, his first one from July???). 7.    A proposed order granting the requested relief is submitted herewith. WHEREFORE, Plaintiff respectfully requests that the deadline to respond to Defendant's Second Motion to Dismiss be extended to September 6, 2012.

Dated: August 24, 2012

 Respectfully submitted,
KLUGER KAPLAN SILVERMAN KATZEN & LEVINE, P.L.
Co-Counsel for Raanan Katz
201 South Biscayne Blvd., 17th Floor
Miami, Florida 33131
Telephone: 305-379-9000
Facsimile: 305- 379-3428
By: /s Alan J. Kluger
Alan J. Kluger
Florida Bar No. 200379
Email: akluger@ klugerkaplan.com
Todd A. Levine
Florida Bar No. 899119
Email: tlevineklugerkaplan.com
and

PERETZ CHESAL & HERRMANN, P.L. Co-Counsel for Raanan Katz
201 South Biscayne Blvd., Suite 1750 Miami, Florida 33131
Telephone: 305-341-3000
Facsimile: 305-371-6807
By: /s Michael B. Chesal
Michael B. Chesal
Florida Bar No. 775398
Email: mchesal@pch-iplaw.com
Josh E. Saltz
Florida Bar No. 70521
Email: jsaltz@pch-iplaw.com

RK Centers Include Acceleration Clause In The Leases

Daniel Katz, the owner of RK Centers, admitted

"RK Centers include an acceleration clause in their typical leases with their tenants"

Have RK Centers included the same acceleration clause together with Raanan Katz "GOTCHA" clause in RK CENTERS "typical leases" with the large corporations such as CVS Pharmacy, Publix, Winn Dixie, Bank Of America, and etc. OR, Raanan Katz, RK Centers "GOTCHA", acceleration clauses are applicable exclusively to small businesses?

Below is Daniel Katz testimony done in Miami Court on May15, 2012.

"BY MR. LEVINE:

22      Q.   For purposes of shorthand, I would like to call

23  the blog located at blogspot.com, the blog spot, or the

24  U.S. blog, and the blog that's located at blog.co.uk, the

25  U.K. blog.  Okay?


 1      A.   Okay.

 2      Q.   So for purposes of today's testimony, when I ask

 3  you questions about the U.S. blog, I'm referring to

 4  blogspot, and the U.K. blog, I'm referring to blog.co.uk. 

 5  Okay?

 6      A.   Okay.

 7      Q.   Mr. Katz, would you please turn behind Tab 6 in

 8  the notebook that we presented to you, which has been

 9  marked as Plaintiffs' Exhibit 1 for today.  Are you there?

10      A.   Yes.

11      Q.   Would you please read the title of this blog into

12  the record. 

13      A.   RK Associates and Commercial Lease Fraud.

14      Q.   And this blog, this entry appeared on the U.S.

15  blog on May 16th, 2011; is that correct?

16      A.   Correct.

17      Q.   And it was posted -- can you read the bottom who

18  posted this blog?  At the very bottom, above recommend.

19      A.   Always True.

20      Q.   I'm sorry?

21      A.   Always True.

22      Q.   It's the name of the blogger, Always True?

23      A.   Correct.

24      Q.   Okay.  And the name of the blog is RK Associates

25  and Commercial Lease Fraud, correct?


 1      A.   Correct.

 2      Q.   The beginning of the blog defines commercial

 3  lease fraud as a term that covers a number of unfair and

 4  deceptive trade practices, correct?

 5      A.   Correct.

 6      Q.   Okay.  I'd like you to go and read aloud the

 7  portion below the five bullet points.  Do you know what I

 8  mean by bullet points?

 9      A.   Yes.

10      Q.   Okay.  Would you read that part into the record,

11  please.

12      A.   RK Associates and Raanan Katz induce tenants to

13  sign commercial lease that allows them to financially

14  benefit when a tenant breaches the lease.  For example, if

15  a tenant with 5 year lease alleged in breach of the lease

16  on the first year, according to their lease, the tenant

17  must pay them instantly the remaining 4 years of the

18  lease.  When they lease to the next tenant with the same

19  story, they can claim from the new tenant damages for the

20  same space for the same period of time.  According to the

21  court documents, it is not unusual for RK Associates and

22  Raanan Katz to do the following.

23      Q.   Okay.  Let's stop right there. 

24           Are you familiar with an acceleration clause? 

25      A.   Yes, I am.


 1      Q.   What is an acceleration clause?

 2               THE COURT:  And so is the court, so move on.

 3               MR. LEVINE:  I'm sorry? 

 4               THE COURT:  I'm familiar with them as well.

 5               MR. LEVINE:  Okay.

 6   

 7      Q.   Acceleration clauses are legal, correct?  Is the

 8  blogger referring to an acceleration?

 9               MR. KAIN:  Objection, Your Honor.

10               THE COURT:  Yes.  Sustained.

11               MR. KAIN:  The witness is not here to --

12               THE COURT:  No, he is not.  I am familiar

13      with an acceleration clause.  I guess you could ask

14      him was there an acceleration clause.

15  BY MR. LEVINE:

16      Q.   Does RK Associates and RK Centers include an

17  acceleration clause in their typical leases with their

18  tenants?

19      A.   Yes, we do.  It's standard industry practice.

20      Q.   And I forgot to ask you:  What business is RK

21  Centers and RK Associates engaged in?

22      A.   Commercial real estate development and

23  management.

24      Q.   And as part of their business, is RK Centers and

25  RK Associates, and the other plaintiffs in this case, do


 1  they lease storefronts to commercial tenants? 

 2      A.   Yes, we do.

 3      Q.   In shopping centers in South Florida and in

 4  Massachusetts?

 5      A.   Throughout New England, yes.

Raanan Katz And His Frivolous Copyright Lawsuit

"Идея пришла в его голову и теперь битый час упорно ищет мозг"

 

Why Raanan Katz, RK Centers owner, decided to spend money on copyright claim against Google, but did not serve the Google?

There are several possible options.

A. Raanan Katz did not have MONEY for service

B. Raanan Katz realized he did not stock up with pampers

C. Raanan Katz wanted Google to "store" his "copyright work"

D. All of the above

E. Something else.

Why Raanan Katz did serve the Blogger?

There are several possible options.

A. Raanan Katz wanted the Blogger to file Motion To Dismiss Mr.Katz Compliant for Failure To State A Cause Of Action

B. Raanan Katz goal was to make the blog and his "favorite" picture publicly available through Court records.

C. Raanan Katz wanted to attract media to his actions, blog, and picture.

D. All of the above.

E. Something else.

 

 We will find Raanan Katz answers during his upcoming video deposition, and see how Mr. Katz “brilliant” strategy actually works.

 

 

RK Centers And CVS Pharmacy Memorandum Of Lease

Remember, Daniel Katz, the owner of RK Centers, testimony under the oath done on May 15, 2012 in Miami Court.

  "RK Centers include an acceleration clause in their typical leases with their tenants".

Todd Levine, of Miami based law firm Kluger, Kaplan, Silverman, Katzen, Levine, represents RK Centers, Raanan Katz, Daniel Katz in their frivolous lawsuits against this blog. Here is Mr.Levine examination of Daniel Katz.

" BY MR. LEVINE:

16      Todd Levine:   Does RK Associates and RK Centers include an

17  acceleration clause in their typical leases with their

18  tenants?

19      Daniel Katz:   Yes, we do.  It's standard industry practice.

20      Todd Levine:   And I forgot to ask you:  What business is RK

21  Centers and RK Associates engaged in?

22      Daniel Katz:   Commercial real estate development and

23  management."


Here is RK Centers Memorandum of Lease with CVS Pharmacy. As you can see below there is no lease acceleration, automatic "gotcha" clause, 6 month notice in CVS Lease. Why...? Why CVS Pharmacy Corporation does not share RK Centers, Raanan Katz, and Daniel Katz "standard industry practice."

"MEMORANDUM OF LEASE
Notice is hereby given of the Lease hereinafter described PARTIES TO LEASE:
LANDLORD: 18100 COLLINS AVENUE SHOPPING CENTER, LTD. 17100 COLLINS AVE., SUITE 225
SUNNY ISLES, EL 33160
TENANT: HOLIDAY CVS, L.L.C.
ONE CVS DRIVE
WOONSOCKET, RI 02895
ATH PROPERTY ADMINISTRATION STORE # 8903-01
DATE OF EXECUTION OF LEASE: August    2008
TERM OF LEASE: Fifteen (15) Years
The term shall commence on the Commencement Date as defined in the Lease. SHOPPING CENTER AND LEASED PREMISES:
Shopping Center: that certain lot or parcel of real estate located at the Southwest intersection of Collins Avenue and N. B. 183w Street, Sunny Isles, Florida, described on Exhibit A and shown on Exhibit B, including the Leased Premises described below and including all buildings and other improvements situated on said property, and all rights, easements, rights of way, and other appurtenances thereto. (The Shopping Center is located in Miami-Dade County.)
Leased Premises: the portion of the Shopping Center shown on Exhibit B as the Leased Premises including the portion of the Building comprising a part of the Shopping Center, which
Building is also shown on Exhibit B and all other buildings and improvements situated on the Leased Premises and all rights, easements, rights of way and other appurtenances thereto.
The Leased Premises is also shown on Exhibit
The portion of the Building comprising leased Premises shall have the following dimensions:
ground floor dimensions: 105'9" x 89'8"x 114'2" x 110'4" ground floor total square footage: 11,000' Irregular
The Leased Premises are leased with the nonexclusive right of Tenant (and all persons claiming under Tenant, including Tenant's employees, vendors, customers and other invitees), to use, free of charge, all Shopping Center "Common Areas". Such Common Areas shall include, without limitation, paved parking areas, paved service areas, sidewalks, ramps, roadways, driveways, curbs, curb cuts and all similar facilities and areas of the Shopping Center now or hereafter existing in the Shopping Center.
Tenant's Parking Field as shown as "CVS Primary Non-Exclusive Parking Area" on Exhibit B shall be reserved for parking by Tenant's customers and Tenant may erect signs in front of each parking space within such area reading "Reserved for CVS Customers" or the like as allowed by Laws. Landlord shall have no obligation to enforce such restrictions, but to the extent permitted by Laws, Tenant may do so.
Landlord shall not constitute the Leased Premises as a separate legal parcel from the Shopping Center without first executing a cross easement and restriction agreement which is in all respects satisfactory to Tenant, preserving Tenant's rights hereunder with respect to the Shopping Center and recording the same in the records of land evidence.
OPTIONS TO EXTEND LEASE:
The Lease, at the option of the Tenant exercised by written notice to the Landlord, given not less than one hundred eighty (180) days prior to the expiration of the initial term or the expiration of any extension period may be extended for six (6) immediately successive periods of five (5) years each.
RIGHT OF FIRST REFUSAL:
The Lease contains a right of first refusal in favor of Tenant upon terms and conditions set forth in the Lease.
USE RESTRICTIONS FOR SHOPPING CENTER -
Landlord warrants that it will not lease any space in the Shopping Center or allow any such space to be used for the following purposes: a pinball, video game, or any form of
entertainment arcade; a gambling or betting office, other than for the sale of lottery tickets; a massage parlor (except a day or health spa or health club otherwise permitted hereunder providing massage services shall be permitted; a cinema, video store or bookstore selling, renting, or exhibiting primarily material of a pornographic or adult nature; an adult entertainment bar or club; a bowling alley; a roller skating or ice skating rink; a billiards parlor or pool hail; a firearms shooting range or any other use which creates or causes excessive noise; a theater; a health club or exercise salon not exceeding 4,000 square feet; any type of educational or vocational institution exceeding 10,000 square feet; a flea market; a warehouse; a gas station; a facility which performs on-site auto repair or a so-called "dollar store" or similar type store or any similar operation such as, by way of example only, "Family Dollar", "Dollar General", "Dollar Zone", "Maxway", "Allied Stores", or "Bills Dollar" (collectively, "Dollar Type Stores") provided (i) the existing Dollar Store shall be permitted to operate in the Shopping Center for the remainder of the term of its lease) and (ii) one Dollar Type Store not exceeding 3,500 square feet (in replacement of the existing Dollar Store) shall be permitted provided it is located not closer to the Leased Premises than the existing Dollar Store located at 18200 Collins Avenue. Notwithstanding anything contained in this Section to the contrary, those premises in the Shopping Center which are now subject to a lease which would otherwise be restricted under this Section which are listed on Exhibit B of the Lease may be used for the purposes expressly permitted or not permitted by the terms of said lease during the term of said lease and/or any extensions thereof, provided that if Landlord's approval is required for such use and Landlord shall not grant such consent without the prior written consent of Tenant. Said premises may continue to be used by the present tenant thereof or by any successor tenant for the same use for which said premises are currently used under the same lease.
SHOPPING CENTER LAYOUT -
(a)    Landlord warrants and agrees that the layout shown on Exhibit B will be adhered
to so as to maintain the position of the building(s), parking areas, curb cuts, traffic patterns, and roadways and passageways provided that the parties acknowledge that the northern edge of the Common Areas of the Shopping Center along 183d may be changed by the City of Sunny Isles, Florida.
Tenant agrees that Landlord may make minor, non-material modifications to the Shopping Center layout. However, Landlord agrees that, unless Landlord first shall obtain Tenant's consent: there will be no additional construction in the area designated as "No Change Area" on Exhibit B or in the Tenant Access Ways as shown on Exhibit B, there will be no change in the location, shape, or dimensions of the Leased Premises; and, there will be no change in the layout of the No Change Area or the Tenant Access Ways which would adversely affect the accessibility to the Leased Premises from the parking areas or from the public streets and roadways bordering the Shopping Center, or the visibility of Tenant's signs or storefront(s). Landlord shall not place any kiosks, planters, trees, shrubs, stairs, or other obstructions in any place in front of the Leased Premises without Tenant's prior written consent. Landlord shall not block or close any drive aisles the No Change Area or the Tenant Access Ways without Tenant's written consent. Tenant shall not unreasonably withhold or delay its consent hereunder.
(b)    Landlord shall not permit any vertical or horizontal projection (other than
Tenant's signs) on the Building, which projection shall obstruct the visibility of any Tenant sign or storefront. Landlord shall not permit any sign to be placed on the Leased Premises exterior walls or roof, except for Tenant's signs.
EXCLUSIVE -
(a)    (i)    Landlord warrants and agrees that (i) so long as Tenant is operating
(without being closed for more than 12 months and such additional time as may be reasonably necessary due to remodeling, condemnation, casualty or force majeure) a health and beauty aids store, and/or a drug store and/or a pharmacy prescription department, then provided the Lease is in effect, Landlord will not lease any space in the Shopping Center (excluding the Leased Premises), or permit the use of any such space, for a health and beauty aids store, a vitamin store, or a retail health center, and, (ii) provided the Lease is in effect, Landlord will not lease any space in the Shopping Center (excluding the Leased Premises), or permit the use of any such space, for a drug store and/or the operation of a pharmacy
(ii)    Landlord warrants and agrees that, so long as Tenant is utilizing a portion
of the Leased Premises (without being closed for more than 12 months and such additional time as may be reasonably necessary due to remodeling, condemnation, casualty or force majeure) for the sales of greeting card and gifts, for the sales of candy; and/or for the operation of photo processing department, provided the Lease is in effect. Landlord will not lease any space in the Shopping Center (excluding the Leased Premises), or permit the use of any such space, for the primary purpose of: a greeting card and gift store; a candy store; or a photo processing store, with such limitations and restrictions being applied, individually, to the individual uses set forth above in this subsection (ii); for instance if Tenant discontinues sales of candy in Leased Premises as provided above but continues to sell greeting cards and gifts and operates a photo processing department in the Lease4 Premises, Landlord may lease space in the Shopping Center for primary use as a candy store.
(b)    As used in this Lease: the term "operation of a pharmacy" shall mean the dispensing, distribution or furnishing of prescription drugs for a fee or profit or a facility which accepts prescriptions from customers which are filled elsewhere and delivered to the customer. The distribution or furnishing of free samples of prescription drugs by physicians, dentists, other health care practitioners, or entities such as clinics or health maintenance organizations shall not be deemed the "operation of a pharmacy"; and a "health and beauty aids store" shall mean a store which devotes more than 5% of its retail selling space to the display and sale of health and beauty aids but shall not include a beauty salon of less than 1000 square feet which sells health and beauty aids.
Notwithstanding anything contained in this provision to the contrary, any premises in the Shopping Center or on any land immediately adjacent to the Shopping Center or at the same intersection as the Shopping Center which are now subject to a lease which would otherwise be restricted under this provision may be used for the purposes expressly permitted or not prohibited by the terms of said lease during the term of said leas and/or any extensions thereof; provided that if Landlord's approval is required for such use and Landlord has the ability to withhold its consent, Landlord shall not grant such consent without the prior written consent of Tenant. Said premises may continue to be used by the present tenant thereof or by any tenant for the same use for which said premises are currently used under the same lease.
MISCELLANEOUS:
This instrument is only a brief summary of certain provisions for the purpose of giving notice of the Lease and is not deemed to amend the Lease in any respect. Reference is hereby made to the Lease for a more complete description of the terms."