Food Fight
A $2.5 million lawsuit against an Old Town eatery began with too much parmesan
(Aug. 18, 2011) The weekly luncheon meeting of the Eureka contingent of Business Network International was winding down in the spartan, low-ceilinged upstairs floor of Gabriel’s Restaurant in Old Town. A couple of the 20-odd members in attendance had grown fidgety. One, according to member Jeanne O’Neale — the only person we’ve found so far to talk on the record — had been waiting too long to have his coffee refilled. And O’Neale was displeased with her Caesars salad — the first one she’d ordered, she said, had Parmesan on top when she’d specifically requested none; its replacement had seemed fine until she encountered a mouthful of Parmesan beneath the top layer of lettuce. She’d never had this trouble before, she added, and she’d ordered the same salad here, sans Parmesan, for several weeks in a row.
O’Neale, who owns a non-medical home-care agency called Visiting Angels, said she tried to catch the waiter’s eye, but he only returned when it was time to bring their check. A discussion ensued — which turned into a brawl between the waiter and BNI member Jerry Cardoza, O’Neale said. Now Cardoza, who broke his ankle in the incident, has gotten a court judgment for $2.5 million in damages from Gabriel’s, its owners and its employees.
Really? Over a salad?
“I informed [the waiter] the salad was wrong,” said O’Neale in a phone conversation last week, recalling the events from Dec. 15, 2009. “And he informed me I was going to have to pay anyway. Then Jerry said he wasn’t treating me very well. And the guy says, ‘Well, who’s going to stop me?’ Jerry said, ‘I will.’ And then the waiter dove over the corner of the table, onto Jerry — and all over the stupid salad — knocking Jerry and the chair to the ground.”
Well, that’s part of the story. But it was Cardoza that Deputy District Attorney Jeremiah Ross had considered charging with disturbing the peace, an infraction; District Attorney Paul Gallegos advised against it because Cardoza had been injured. “I felt he had already suffered a greater consequence than the criminal justice system would impose,” Gallegos said by email this week. Some of the Gabriel’s defendants allege in court documents that Cardoza was drunk or on drugs. And that $2.5 million judgment? It was awarded because, in the first suit filed by Cardoza against Gabriel’s in 2010, the restaurant folks apparently refused to partake in the fun, according to court records. They were dismissive when summoned, court records showed. So a default judgment was signed by a judge on Sept. 24, 2010, ordering Cardoza to recover from the Gabriel’s defendants $2,540,274.78 plus 10 percent interest per year. That was $2 million for general damages, $539,750.18 for special damages and $524.60 for cost of suit.
Cardoza’s first lawsuit was filed May 25, 2010, against Adriel Tanski, named as one of the owners of Gabriel’s, and Mishael Tanski, the waiter who allegedly brawled with Cardoza. He filed a second lawsuit on May 16 of this year, against Likhi Tanski, Cheryl Tanski, Anthony William Tanski, Ariel Tanski, Gabriel’s and 10 yet unnamed owners and employees. Both suits allege negligence and premises liability. In the second complaint, Cardoza demands a jury trial; a case management conference has been set for Sept. 21.
This May, Cardoza filed an abstract of judgment, establishing his intent to pursue enforcement of that $2.5 million judgment. Available court records do not indicate whether the defendants have responded.
Neither Cardoza nor the Tanskis nor their lawyers would talk about the incident to the Journal. Cardoza’s lawyer, Brian Malloy with Brandi Law Firm in San Francisco, did not respond to several phone calls and an email. The Tanskis’ lawyer, Shelley C. Addison with Dun & Martinek in Eureka, responded by email: “Both Gabriel’s and I thank you for your interest in their restaurant, but they have chosen not to speak about the lawsuit at this time.”
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FIVE Comments
Comment / By justsayin / Aug. 20, 2011, 12:59 a.m.
Parmesan on a Caesar salad? Outrage. O’Neale should have sued Gabriel’s for 2.5 mil. Cardoza should have been taken outside and then beaten. This way he could sue the City (deeper pockets). This madness is why no one wants to go into business. Folks are returning from our countless/endless wars as triple amputees. Who do they sue?
Comment / By skippy / Aug. 20, 2011, 11:26 p.m.
We ate at Gabriel’s just recently: excellent food, nice place, and very well done. The mood of the staff was subdued at best, though. Wouldn’t you be, too?
Granted, a few things went sideways fast. The waiter went way over both the salad and the line in making his point. But Mr. Cardoza also threw down his own personal gauntlet by provoking the situation. One does wonder of his personal character and (inebriated?) state, and in widening the scope of liability presumably for his personal enrichment by initiating round #2 of yet another lawsuit. The Tanski family, however, made their poor choices by retaining a ‘dismissive’ demeanor to their detriment and misfortune according to the judge, who, in this article, remains anonymously unnamed.
A broken ankle, a fight, and medical bills are bad. Waiter, there’s a fly in my soup: the excessive $2.5 million judgement is by far worse.
This is another good example of why tort reform is necessary and needed in California. Mr. Cardoza and his attorney must be laughing all the way to the bank after this easy caper.
Comment / By Ignoramous / Aug. 24, 2011, 1:56 p.m.
I was actually present when this all happened. I wasn’t part of the business group but a first time patron. The gentleman who broke his ankle was a bit crude in his remarks but so was the waiter. The waiter was the one who jumped over the table as Cardoza was standing up. Was there drinking involved? I doubt it. Most of the people at that table were professionals. Gabrials arrogance and lackluster quality will bring them down sooner than they think.
Comment / By Blackcoffee / Aug. 25, 2011, 4:54 p.m.
Not showing up in court was probably what triggered the judge setting a high dollar amount to get the Tanski’s attention.
Not a tort reform issue in my opinion.
Comment / By skippy / Aug. 26, 2011, 11:07 p.m.
“Not a tort reform issue in my opinion.”
Sure, there’s a reason for excessive judgements. And only in California. And with trial attorneys who need to eat, too.