A judge who in December ruled a San Benito man convicted of
scamming thousands of dollars from innocent motorists could still
file lawsuits from jail without court approval reversed his
decision Friday, likely bringing an end to the man’s parade of
frivolous, illegal pursuits.
A judge who in December ruled a San Benito man convicted of scamming thousands of dollars from innocent motorists could still file lawsuits from jail without court approval reversed his decision Friday, likely bringing an end to the man’s parade of frivolous, illegal pursuits.
James Kleinberg vacated his own Dec. 9, 2010 ruling that allowed Vincent Cardinalli, 67, to continue to file small claims court lawsuits because a 2007 decision tagging him a vexatious litigant relied on a statute that didn’t apply to small claims actions. Vexatious litigants cannot file lawsuits without prior court approval.
On Friday, Kleinberg admitted he made a mistake, saying he misinterpreted the vexatious litigant guidelines and ordering the tag be reattached to Cardinalli.
After his ruling – made in front of a nearly empty San Jose courtroom – Kleinberg addressed retired firefighter John Castro, one of Cardinalli’s potential victims. Missteps sometimes occurred, Kleinberg said, because judges like him often deal with as many as 1,400 cases at a given time.
“Sometimes it’s not surprising that things don’t go as smoothly,” Kleinberg said.
Castro said he appreciated Kleinberg’s candidness. More so than anything, he said, he was relieved he’d likely no longer have to battle Cardinalli in court.
“The good guys won!” Castro shouted outside the courthouse.
Cardinalli was sentenced to 14 years in prison in January for running a tow-and-sue scam in San Benito and Santa Clara counties, swindling hundreds of unwitting motorists out of untold thousands of dollars via bogus small claims lawsuits. His son, Paul Greer, 33, was sentenced to eight years for his role.
Both are incarcerated at a North Kern County state prison in Delano, said Greg Adler, an attorney credited by Judge Gilbert Brown in January for leading the charge against the family’s scheme.
“The court did the right thing,” Adler said Friday. “The public should feel happy they’ll have increased protection from vexatious litigants.”
For years, Cardinalli and his son filed lawsuits against motorists for towing and storage fees on vehicles they either had sold or never owned in the first place.
The majority of those cases were presided over by South County Commissioner Gregory Saldivar, who often ruled in favor of Cardinalli.
Adler and Deputy District Attorney Victor Chen said they would neither confirm nor deny that Saldivar was being investigating for rulings.
