(PRWEB) September 01, 2011
Artist Gilbert Marosi filed a motion with the Palo Alto Small Claims Court on August 22 to reconsider case #210sc007608 and reverse the vexatious litigant decision by Judge James P. Madden on July 8th since Code of Civil Procedure section 391, subd. (b)(1) excludes small case claims from that designation.
According to case #211SC008015-20 and case # 211SC008068 filed on August 2009, Gilbert Marosi contracted with Carlos Porras, the owner of Canapo Gallery in Carmel to consign forty paintings. According to court documents, in November, 2010, Porras sold two paintings for $5,000 but refused to pay the appropriate commission. Marosi sued Porras in Palo Alto Small Claims Court in February, 2010 (case # 211SC008068). The case lasted one and one half years.
As Marosi claims, in court documents for court case #211SC008015-20 and case #211SC008068, Porras defrauded artists of their commissions; Marosi alleges that the Mayor of Carmel protected him and that Porras’s landlord rented to him. Marosi alleges that the Presiding Judge of Monterey County protected him. Marosi informed all of the above to Madden who allegedly replied “I don’t care!”
Marosi filed a total of seven cases (#211SC008015-15, 211SC008015-16, 211SC008015-17, 211SC008015-18, 211SC008015-19, 211SC008015-20 and #211SC008068) against all parties for accessory to fraud.
According to the court cases mentioned above, Marosi alleges that the following happened in Palo Alto , California Small Claims Court. on July 8: Madden told Marosi that he was a "vexatious litigant." for filing a total of seven cases. According to court documents, this is Madden’s proof Marosi is a vexatious litigant. However, Code of Civil Procedure section 391, subd. (b)(1), excludes small case claims from that designation.
According to court documents, Madden refused to allow Marosi’s witness, Sylwia Fish, to testify. According to July 8 court documents of same above cases, Marosi told Madden several times that he denied Marosi due process. According to court documents Madden disregarded Marosi’s statements.
Marosi spent over $1,000 and 50 hours in filing these cases. Marosi says, “Judge Madden disregarded all the money and time I spent on these cases.”
On August 11, Marosi sent a registered letter with a return receipt requesting Judge Madden to voluntarily cancel the vexatious litigant designation. The receipt was returned on August 15. Marosi says, “It appears, Judge Madden knows he has violated the law but refuses to cancel his decision,” and asks, “did Judge Madden rule appropriately?”