A local judge has thrown out three small claims cases filed by a
former tow truck operator who was declared a
”
vexatious litigant
”
in a Santa Clara County court earlier this year.
A local judge has thrown out three small claims cases filed by a former tow truck operator who was declared a “vexatious litigant” in a Santa Clara County court earlier this year.
San Benito County Harry Tobias denied three small claims Dec. 19 filed by Vincent Cardinalli Sr., 64, according to court documents. Cardinalli operated A&R Associates until 2004.
“Court advised Mr. Cardinalli that he cannot pursue this case due to
vixatious (sic) litigant status,” according to documents. “Court revokes authority given previously to pursue this case.”
Cardinalli Sr. declined to comment at the courthouse Friday, deferring to attorney Art Cantu. Cantu did not immediately return calls for comment.
The dismissal marks a reversal of Tobias’ decision to allow Cardinalli to file four claims in September against Armando Rodriguez, Ernesto Rodriguez, Juan M. Romero and Francisco Ruedas. Tobias dismissed the claims against Romero, Ruedas and Armando Rodriguez on Dec. 19.
The claim against Ernesto Rodriguez is outstanding, but off the calendar because Cardinalli Sr. has not served the defendant with proper papers to notify him of a court date.
Tobias dismissed the cases without prejudice, which allows Cardinalli Sr. to refile the claims again if his vexatious litigant status is lifted.
It was revealed this month that the California Franchise Tax Board suspended the corporate status of both Cardinalli Sr. and his son, 30-year-old Paul Greer, who was also declared a vexatious litigant and allowed to file claims after the fact. At a hearing Dec. 12, Tobias told both Cardinalli Sr. and Greer that they would not be able to pursue existing or new cases because of this.
Greer’s two claims were rescheduled for Jan. 9. According to court
documents, he has not decided whether he will dismiss the cases, but told the Free Lance earlier this month that he most likely will do so.
The father and son are also being arraigned, along with three others, on 157 felony criminal charges in connection with their respective towing operations – A&R Associates and B&C Towing – on Jan. 8 in a Santa Clara County court.
