Brandon Thompson, co-owner of Have a Nice Day Cafe, fired off a lawsuit this month to prevent two other owners from allegedly pocketing extra cash and from removing him from the board.
The nightclub has been having some PR problems: Some residents and business owners have blamed the nightclub for several late-night shootings, and an online campaign has sprung up in favor of the club closing.
Meanwhile, Thompson, a shareholder of Beyond Horizons — the parent company for the cafe — is suing his partners Rodney Peterson and Ramon Smith for $100,000, according to a suit filed Dec. 5in Richmond Circuit Court.
Thompson alleges in the suit that he paid $45,000 to Peterson and Smith for a 40 percent interest in BHI in February 2009. He says he was not paid his share of the club’s profits.
Peterson and Smith repeatedly approached Thompson for more money to be given to BHI, the suit claims.
“Peterson and Smith represented that due to the financial issues with BHI and Café, Thompson would not be paid for the work he performed or his ownership interest,” the suit states, adding, “Thompson began to request to see the financial records of BHI and Café, and was continually denied by Peterson and Smith.”
James Sitton, a lawyer with Corcoran and Sitton, is representing Thompson. He declined to comment on the suit but said the defendants have not responded.
Repeated calls to Peterson and Thompson were not returned.
This isn’t the nightclub’s first legal tussle. A complaint was filed in March by a Richmond resident against Richmond 402, the company that owned the club at the time, and a bouncer for alleged injuries sustained on March 2009. The plaintiff is seeking $125,000.
In August 2008, Have A Nice Day Cafe paid $2,000 in penalties to the Virginia Department of Alcohol Control for two findings of underage drinking at the club, according to a Times-Dispatch article.
Have A Nice Day operates Wednesday through Saturday nights.
Peterson plans to open a second club, Aqua, with his cousin Bryon McGainey just down the street from Have A Nice Day.