Why are judges this stupid?

Here's a 90 year old man getting sued for shooting a man who broke in his house and shot him first. Only in California? God I hope so.

A 90-year-old Greenbrae man who was shot in the head during an alleged burglary has been sued by the alleged burglar.

Samuel Cutrufelli, who was also shot during the incident, claims Jay Leone "negligently shot" him during the confrontation inside Leone's home.

Cutrufelli, 31, claims Leone caused him "great bodily injury, and other financial damage, including loss of Mr. Cutrufelli's home, and also the dissolution of Mr. Cutrufelli's marriage."

Cutrufelli shot Leone once in the face during the alleged burglary, and Leone returned fire, hitting Cutrufelli several times. Both men were hospitalized for an extended period after the gun battle.

My question is not how the lawyers and the criminal got the nerve to do this. Scumbags have no shame. You can file anything you want, but some judge has to use his discretion if he's going to hear it or not.
The story does not say if the suit will be heard, but really the problem is now the old guy has to pay a lawyer to show up in court even if the judge throws it out. Having a judge do that is not a foregone conclusion.
This is exactly what the Castle Doctrine is designed to stop. The only reason we even need such a thing is that judges cannot be relied upon to use their friggin' heads in cases like this. In the past, guys like this robber have won large settlements from the people they robbed.

Just thought y'all might want to know.

The Phantom