P. v. Cardinalli CA6

Filed 5/9/13 P. v. Cardinalli CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H036513 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. FF721011)

v.

VINCENT BRUCE CARDINALLI,

Defendant and Appellant.

Defendant Vincent Bruce Cardinalli appeals a judgment of conviction entered following his plea of no contest to 100 counts of theft and fraud-related offenses. Defendant and members of his family, including his son and daughter, operated a tow truck business and a small claims law suit mill through which they used fabricated car towing and storage fee bills to defraud people. On appeal, defendant asserts he is entitled to additional conduct credits under the amended provisions of Penal Code section 4019.1 In addition, defendant argues the trial court erred in failing to order his daughter, who is one of his codefendants, jointly and severally liable for the restitution award to the victims in this case.

1 All further statutory references are to the Penal Code, unless otherwise noted.

STATEMENT OF THE FACTS2 AND CASE Defendant and his son, Paul Greer, owned and operated a tow truck company, B & C Towing. Greer also owned a collection agency that operated out of the same address as the tow truck company. Defendant and Greer created a scheme in which defendant would target people he became aware of through the towing business, and bring small claims actions against them based on unpaid towing and storage fees that were fabricated. Defendant presented false evidence in small claims court of the unpaid fees, and when he obtained a judgment, he assigned it to Greer’s collection agency. Defendant and Greer together extorted or attempted to extort payments from victims by threatening to ruin their credit, put liens on their property, and garnish their wages. As a result of filing over 800 actions in small claims court in three different counties, defendant and Greer reaped hundreds of thousands of dollars in judgments. Defendant and Greer were the primary actors involved in this scheme. Also involved, however, were defendant’s daughter, Rosemary Ball and his son-in-law, Michael Ball. Rosemary was the corporate secretary and an employee of B & C Towing. Her name and signature appear on some of the lien paperwork assigning small claims judgments to the Greer collection agency. Michael was the co-founder of the towing company. He filed papers initiating 25 of the small claims lawsuits during 2003. In 2009, defendant, Greer and Rosemary and Michael Ball were all charged with crimes related to the false small claims actions. Defendant was charged with a total of 100 counts, including conspiracy to defraud persons of property or to obtain money by false pretenses, and to obstruct justice and due administration of the laws (§§ 182, subds. (a)(4), (a)(5)); count 1), subornation of perjury by declaration (§ 127; counts 2-