The former Have a Nice Day Cafe, shown in November 2013. (Photo by Brandy Brubaker)
The defendant in a Shockoe Bottom nightclub scuffle raised its opponent’s checkered past to try to get the case dismissed.
Beyond Horizons Inc., the company that previously operated Have a Nice Day Cafe, filed its response to a November lawsuit brought by Brandon Thompson, who claims he paid for and never received a share of the club at S. 18th St.
Beyond Horizons claims in its response that it never sold a piece of the company to Thompson, and it points to his criminal record to support its argument.
“The alleged agreement between the parties was never entered into,” the court filing says. “One reason the agreement was never entered into is that plaintiff is a convicted felon and any corporation of which he owned shares could not hold a liquor license.”
The company’s response also states that Thompson’s claims are beyond the statute of limitations for such a case. Accordingly, its attorney, Mark Schmidt of Richmond-based Ayers & Stolte, has asked Richmond Circuit Court to throw out Thompson’s lawsuit.
Schmidt did not respond to requests for comment in time for this report.
The case marks the second time in two years that Thompson has filed suit against Beyond Horizons and his alleged partners, Rodney Peterson and Ramon Smith. His attorney, James M. Sitton II, had the first lawsuit dismissed because of procedural issues.
This time, Thompson is seeking $765,000 in damages.
Filed Nov. 18 in Richmond Circuit Court, the case claims that Thompson paid Peterson and Smith $45,000 for a 40 percent interest in Beyond Horizons, which was then doing business as Have a Nice Day Cafe. Peterson and Smith never gave Thompson his share, and Thompson never saw a dime of the money he invested, the suit claims.
According to Sitton and court records, Thompson was convicted of obstruction of justice in Lancaster County, Va., in 2005 and was put on unsupervised probation. Sitton said that Thompson disclosed his conviction at the time of the agreement with Beyond Horizons and that he is in the process of having his rights restored.
David Napier, president of the Shockoe Bottom Neighborhood Association, said Have a Nice Day Cafe has appeared to be closed for several months. The club’s listed telephone number is disconnected, and there has been no activity on its Facebook page since August.
Control of Have a Nice Day Cafe is now attributed to the LLC Richmond 402, according to Virginia ABC records. Its wine and beer license has been surrendered, and its mixed beverages license was revoked in August, the records state.
According to an ABC order, the establishment failed to qualify as a restaurant – which was necessary to keep its mixed beverages license – and failed to keep complete and accurate records.
The former Have a Nice Day Cafe, shown in November 2013. (Photo by Brandy Brubaker)
The defendant in a Shockoe Bottom nightclub scuffle raised its opponent’s checkered past to try to get the case dismissed.
Beyond Horizons Inc., the company that previously operated Have a Nice Day Cafe, filed its response to a November lawsuit brought by Brandon Thompson, who claims he paid for and never received a share of the club at S. 18th St.
Beyond Horizons claims in its response that it never sold a piece of the company to Thompson, and it points to his criminal record to support its argument.
“The alleged agreement between the parties was never entered into,” the court filing says. “One reason the agreement was never entered into is that plaintiff is a convicted felon and any corporation of which he owned shares could not hold a liquor license.”
The company’s response also states that Thompson’s claims are beyond the statute of limitations for such a case. Accordingly, its attorney, Mark Schmidt of Richmond-based Ayers & Stolte, has asked Richmond Circuit Court to throw out Thompson’s lawsuit.
Schmidt did not respond to requests for comment in time for this report.
The case marks the second time in two years that Thompson has filed suit against Beyond Horizons and his alleged partners, Rodney Peterson and Ramon Smith. His attorney, James M. Sitton II, had the first lawsuit dismissed because of procedural issues.
This time, Thompson is seeking $765,000 in damages.
Filed Nov. 18 in Richmond Circuit Court, the case claims that Thompson paid Peterson and Smith $45,000 for a 40 percent interest in Beyond Horizons, which was then doing business as Have a Nice Day Cafe. Peterson and Smith never gave Thompson his share, and Thompson never saw a dime of the money he invested, the suit claims.
According to Sitton and court records, Thompson was convicted of obstruction of justice in Lancaster County, Va., in 2005 and was put on unsupervised probation. Sitton said that Thompson disclosed his conviction at the time of the agreement with Beyond Horizons and that he is in the process of having his rights restored.
David Napier, president of the Shockoe Bottom Neighborhood Association, said Have a Nice Day Cafe has appeared to be closed for several months. The club’s listed telephone number is disconnected, and there has been no activity on its Facebook page since August.
Control of Have a Nice Day Cafe is now attributed to the LLC Richmond 402, according to Virginia ABC records. Its wine and beer license has been surrendered, and its mixed beverages license was revoked in August, the records state.
According to an ABC order, the establishment failed to qualify as a restaurant – which was necessary to keep its mixed beverages license – and failed to keep complete and accurate records.