The family that faces 169 counts of conspiracy, perjury, forgery, grand theft and other felony charges will wait at least another month to find out if they will have to stand trial.
Vincent Cardinalli, Sr., 65, his son Paul Greer, 31 - formerly Vincent Cardinalli, Jr., Greer's sister Rosemary Ball and her husband Michael Ball are "believed to have operated a small claims lawsuit mill in at least two counties involving hundreds of small claims actions," according to an affidavit filed by Gilbert Vizzusi, an investigator for the district attorney's office.
The preliminary hearing was scheduled to begin Monday but the proceedings were delayed while Michael Ball's defense attorney, Tom Orvis, is tied up in another case, Deputy District Attorney Dale Lohman said. Greer, both Balls and their attorneys were present Monday morning at the Hall of Justice in San Jose. Cardinalli, who is still in police custody, was absent, represented by his attorney, Cameron Bowman.
The preliminary hearing was rescheduled for Sept. 15, pending Orvis' availability.
If all the defense attorneys had been available, Lohman would have announced that she was ready to go, she said.
Her list of about 75 witnesses runs the gamut from custodians of record to process servers to victims.
"You name it," she said. She plans to begin with some of the particularly compelling stories in an effort to convince the defense that she means business.
Considering the sheer amount of evidence and witnesses, the case could last up to six weeks, attorneys predicted.
The charges against the family stem from hundreds of lawsuits filed by Cardinalli and Greer in hopes of collecting towing and storage fees for their defunct towing businesses. Cardinalli's A&R Towing operated out of Hollister under a number of different names until about 2004, the same year Greer's B&C Towing, of Clovis, was fired by the California Highway Patrol for what it deemed business practices bordering on "criminal."
Until recently, process server Jeffrey Horan faced similar charges for his involvement. He pleaded no contest and was found guilty of one count of conspiracy to cheat and defraud and six counts of perjury, Lohman said.
Before a June 6 court appearance, Cardinalli faced a potential third strike felony, which could have landed him in prison for life. He was being held in a Santa Clara County jail without bail. The previous two strikes involved felony arson convictions from the 1970s. However, one of the arson strikes was dismissed, prompting a June 27 bail hearing.
At the hearing, Lohman pushed for a high bail on the premise that Cardinalli poses a danger to the community, she said. After he posted bail following his first arrest last year, he continued to commit crimes similar to the ones he had been arrested for in the first place, Lohman said. He was taken into custody a second time in February when prosecutors unearthed his previous two felony convictions.
Sara Suddes Sara Suddes covers Gilroy for South Valley Newspapers. You can email her or call (408) 847-7158.
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