The Docket: Local court roundup for 9.30.21

Chesterfield Circuit Court

Riviera Finance of Texas, Inc. v. WP Chesterfield Health Investors, LLC d/b/a Magnolias of Chesterfield; and Meridian Senior Living, LLC
Plaintiff, an assignee of two staffing companies, says defendant is in breach of a payment agreement and seeks damages of $76,061.50.
Attorneys: Brian J. Young and Olivia Houston of DLA Piper
Filed: 9/20/2021
CL21003169

CIT Bank, N.A. v. L. E. Baker Enterprises, Inc. and Leslie E. Baker Jr.
Plaintiff says defendant has failed to make payments due on the purchase of equipment and seeks the principal amount of $82,761.38.
Attorneys: Adam M. Spence
Filed: 9/20/2021
CL21003171

Lekeisha Hite v. Bonefish Grill; Gallagher Bassett Services, Inc.; and Corvel Corporation
Plaintiff says in February 2018, at 6081 Harbour Park Drive, she slipped and fell in the ladies’ room, injuring her right hand, shoulder and rotary cuff. After a year of treatment, plaintiff says she required orthopedic surgery to repair her shoulder and was told by defendants that her medical costs and expenses would be paid, and she did not pursue legal action. Plaintiff says defendants intentionally waited for her statute of limitations to expire and used that reason to deny her claim. Plaintiff asks compensatory damages of $100,000.
Attorneys: Brent A. Jackson of Brent A. Jackson & Associates
Filed: 9/21/2021
CL21003177

Kapitus Servicing, Inc. v. M.J. Events, LLC d/b/a MJ Events; and Jason Packard
Plaintiff says the Alabama business is in default of a loan agreement and seeks judgment in the principal amount of $45,389.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/21/2021
CL21003179

Kapitus Servicing, Inc. v. Rocky Mountain Risk Advisors, Inc. d/b/a Rocky Mountain Risk Advisors; and Judd Wagner
Plaintiff says the Colorado business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $48,025.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 9/21/2021
CL21003180

Kapitus Servicing, Inc. v. Deltona Medical Arts Pharmacy, Inc. d/b/a Saxon Medical Pharmacy d/b/a Town Center Pharmacy; and Ali Atshan
Plaintiff says the Florida business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $104,171.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/21/2021
CL21003181

Colonial Funding Network, Inc., as authorized sub-servicing agent for Strategic Funding Source, Inc. v. Phoenix Pool Parts, LLC d/b/a Phoenix Pool Parts; J.B. Services LLC d/b/a Phoenix Pool Parts; and Juan J. Brambila
Plaintiff says the Arizona business is in breach of a loan agreement and seeks judgment in the principal amount of $31,469.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 9/21/2021
CL21003182

Kapitus Servicing, Inc. v. PAG Produce and Deli, Limited Liability Company d/b/a Stellato Boys Produce and Deli; and Americo Stellato Jr.
Plaintiff says the New Jersey business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $74,186.50.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/21/2021
CL21003183

Henrico Circuit Court

Michael Hild and Laura Hild v. Christopher A. Enright, C.P.A. t/a CAE CPA
Plaintiffs say defendant negligently prepared their federal and state tax returns in 2018 and filed them without giving plaintiffs an opportunity to review or sign the documents, using materially different figures than the ones discussed verbally. Plaintiffs ask judgment of $58,800.
Attorneys: G. Christopher Jones Jr. and Anissa N. Cottrell of Sinnott, Nuckols & Logan
Filed: 9/3/2021
CL21005920

Kapitus Servicing, Inc. v. First Cup, LLC d/b/a Chubba’s; Nicola Pelosi; and Gelsomina Pelosi
Plaintiff says the Connecticut business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $62,546.62.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/20/2021
CL21006240

Kapitus Servicing, Inc. v. Bulldog Pub, Inc d/b/a Bulldog Pub; and Christine Wallace Kerr
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $78,387.94.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/20/2021
CL21006242

Kapitus Servicing, Inc. v. Corporacion Bani, LTD d/b/a Pimentel Market; and Alvin Guerrero
Plaintiff says the Massachusetts business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $51,624.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/20/2021
CL21006243

Kapitus Servicing, Inc. v. Panther Creek Construction LLC d/b/a Panther Creek Construction; and Samuel Roach
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $46,415.04.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/20/2021
CL21006245

Kapitus Servicing, Inc. v. Logo Express Marketing, Inc. d/b/a Logo Express; and Raju Sadhwani
Plaintiff says the Louisiana business is in default of a loan agreement and seeks judgment in the principal amount of $83,532.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/20/2021
CL21006246

Jane Doe v. Daniel Salzberg; Robin Salzberg; and Lustre, Inc.
Plaintiff, who graduated from VCU in December 2020, says throughout much of her college career she was employed by defendants as a nanny for their children, 6 and 8 when she began, and at the same time, beginning August 2019, for defendants’ company Lustre, to revitalize its digital marketing and social media campaigns and to assist shoppers online and in the retail store. Plaintiff says because of COVID she was asked to take a break in March 2020 from her duties, and when she returned in June 2020, Daniel’s behavior toward her became increasingly disconcerting and sexual in nature, including such acts as appearing on the balcony overlooking the living room where she was with the children, with only a towel wrapped around his waist, and attempting to tickle and touch her on her thigh, and frequently using his cell phone to record and photograph her under the guise he was photographing his children. Plaintiff says the housekeeper also observed this behavior, and upon information and belief, Daniel openly engaged in extramarital affairs which Robin knew of in advance of plaintiff’s hiring and tacitly approved of, as well as knowing of and tacitly approving Daniel’s behavior toward plaintiff. Plaintiff says Daniel engaged in frequent surveillance of his home, with cameras installed throughout the house, and on Dec. 7, 2020, the housekeeper discovered a camera positioned in the air duct in the floor of the half bath downstairs, one frequently used by plaintiff, defendants’ children, and their friends. Plaintiff photographed the camera, and says she and the housekeeper also discovered, in the storage room, a Samsung-branded cord and plug, which could go with Daniel’s Samsung Galaxy cell phone. Plaintiff says they called Robin instead of the police, trusting her to contact police, and that Robin and Daniel both soon arrived home, when Daniel went immediately to the bathroom and removed the camera, then retrieved the cord and plug from the storage room, although Robin claimed it was installed by an unknown person and Daniel claimed they were being stalked. Plaintiff says she confirmed the camera had been connected to defendants’ wireless network, although Robin initially denied the camera belonged to them, but on Dec. 10, admitted ownership and said it was purchased by Daniel. Plaintiff says she, and her father, repeatedly implored defendants to go to the police or FBI, as it was a matter involving children, but upon information and belief, defendants never filed a police report. Plaintiff filed a report on Dec. 9, and says the case was transferred to the FBI, who said they were contacting parents of other children who had been in the house. Plaintiff says since the date the camera was found, she has suffered significant physical and emotional symptoms of distress, has been diagnosed with PTSD, and that she is anxious about her ability to secure employment in the future after being terminated by defendants. Plaintiff alleges unlawful conduct, negligence, harassment, and Virginia Computer Crimes, and seeks compensatory damages of $5 million, and punitive, $350,000.
Attorneys: Henry I. Willett, Belinda D. Jones and Lauren E. Fisher White of Christian & Barton
Filed: 9/21/2021
CL21006293

Richmond Circuit Court

Reyna Elizabeth Ortiz-Andino v. Millennium Property, LLC
Plaintiff says they entered into a written contract with defendant June 21, 2019, to purchase property at 2010 Harwood St., and paid a deposit of $21,000, paid a second deposit of $15,000 on May 13, 2020, and subsequently, through June 20, 2021, made a series of payments totaling $28,500, as well as made $55,500 in improvements to the property with the approval of defendant. Plaintiff says on/about June 2021, defendant communicated refusal to honor the terms and terminated the contract, and refuses to return the $120,600. Plaintiff seeks an order that defendant proceed with the sale or return the money.
Attorneys: Charles Petran of Tingen Law
Filed: 9/21/2021
CL21004223

TeamCraft Roofing, Inc. v. Bass Crane Service, LLC
Plaintiff says defendant provided a crane and operator for a roof construction project, and on Nov. 11, 2020, the operator caused the rigging straps on the crane to catch on a 4-wheel cart, causing materials to fall on an employee and injure him. As a result of the injuries, plaintiff says it has paid benefits to the worker and expects to pay more, and seeks judgment of $46,552.94 for what it calls defendant’s negligence.
Attorneys: H. Robert Yates III of O’Hagan Meyer
Filed: 9/21/2021
CL21004227

Chesterfield Circuit Court

Riviera Finance of Texas, Inc. v. WP Chesterfield Health Investors, LLC d/b/a Magnolias of Chesterfield; and Meridian Senior Living, LLC
Plaintiff, an assignee of two staffing companies, says defendant is in breach of a payment agreement and seeks damages of $76,061.50.
Attorneys: Brian J. Young and Olivia Houston of DLA Piper
Filed: 9/20/2021
CL21003169

CIT Bank, N.A. v. L. E. Baker Enterprises, Inc. and Leslie E. Baker Jr.
Plaintiff says defendant has failed to make payments due on the purchase of equipment and seeks the principal amount of $82,761.38.
Attorneys: Adam M. Spence
Filed: 9/20/2021
CL21003171

Lekeisha Hite v. Bonefish Grill; Gallagher Bassett Services, Inc.; and Corvel Corporation
Plaintiff says in February 2018, at 6081 Harbour Park Drive, she slipped and fell in the ladies’ room, injuring her right hand, shoulder and rotary cuff. After a year of treatment, plaintiff says she required orthopedic surgery to repair her shoulder and was told by defendants that her medical costs and expenses would be paid, and she did not pursue legal action. Plaintiff says defendants intentionally waited for her statute of limitations to expire and used that reason to deny her claim. Plaintiff asks compensatory damages of $100,000.
Attorneys: Brent A. Jackson of Brent A. Jackson & Associates
Filed: 9/21/2021
CL21003177

Kapitus Servicing, Inc. v. M.J. Events, LLC d/b/a MJ Events; and Jason Packard
Plaintiff says the Alabama business is in default of a loan agreement and seeks judgment in the principal amount of $45,389.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/21/2021
CL21003179

Kapitus Servicing, Inc. v. Rocky Mountain Risk Advisors, Inc. d/b/a Rocky Mountain Risk Advisors; and Judd Wagner
Plaintiff says the Colorado business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $48,025.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 9/21/2021
CL21003180

Kapitus Servicing, Inc. v. Deltona Medical Arts Pharmacy, Inc. d/b/a Saxon Medical Pharmacy d/b/a Town Center Pharmacy; and Ali Atshan
Plaintiff says the Florida business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $104,171.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/21/2021
CL21003181

Colonial Funding Network, Inc., as authorized sub-servicing agent for Strategic Funding Source, Inc. v. Phoenix Pool Parts, LLC d/b/a Phoenix Pool Parts; J.B. Services LLC d/b/a Phoenix Pool Parts; and Juan J. Brambila
Plaintiff says the Arizona business is in breach of a loan agreement and seeks judgment in the principal amount of $31,469.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 9/21/2021
CL21003182

Kapitus Servicing, Inc. v. PAG Produce and Deli, Limited Liability Company d/b/a Stellato Boys Produce and Deli; and Americo Stellato Jr.
Plaintiff says the New Jersey business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $74,186.50.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/21/2021
CL21003183

Henrico Circuit Court

Michael Hild and Laura Hild v. Christopher A. Enright, C.P.A. t/a CAE CPA
Plaintiffs say defendant negligently prepared their federal and state tax returns in 2018 and filed them without giving plaintiffs an opportunity to review or sign the documents, using materially different figures than the ones discussed verbally. Plaintiffs ask judgment of $58,800.
Attorneys: G. Christopher Jones Jr. and Anissa N. Cottrell of Sinnott, Nuckols & Logan
Filed: 9/3/2021
CL21005920

Kapitus Servicing, Inc. v. First Cup, LLC d/b/a Chubba’s; Nicola Pelosi; and Gelsomina Pelosi
Plaintiff says the Connecticut business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $62,546.62.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/20/2021
CL21006240

Kapitus Servicing, Inc. v. Bulldog Pub, Inc d/b/a Bulldog Pub; and Christine Wallace Kerr
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $78,387.94.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/20/2021
CL21006242

Kapitus Servicing, Inc. v. Corporacion Bani, LTD d/b/a Pimentel Market; and Alvin Guerrero
Plaintiff says the Massachusetts business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $51,624.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/20/2021
CL21006243

Kapitus Servicing, Inc. v. Panther Creek Construction LLC d/b/a Panther Creek Construction; and Samuel Roach
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $46,415.04.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/20/2021
CL21006245

Kapitus Servicing, Inc. v. Logo Express Marketing, Inc. d/b/a Logo Express; and Raju Sadhwani
Plaintiff says the Louisiana business is in default of a loan agreement and seeks judgment in the principal amount of $83,532.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/20/2021
CL21006246

Jane Doe v. Daniel Salzberg; Robin Salzberg; and Lustre, Inc.
Plaintiff, who graduated from VCU in December 2020, says throughout much of her college career she was employed by defendants as a nanny for their children, 6 and 8 when she began, and at the same time, beginning August 2019, for defendants’ company Lustre, to revitalize its digital marketing and social media campaigns and to assist shoppers online and in the retail store. Plaintiff says because of COVID she was asked to take a break in March 2020 from her duties, and when she returned in June 2020, Daniel’s behavior toward her became increasingly disconcerting and sexual in nature, including such acts as appearing on the balcony overlooking the living room where she was with the children, with only a towel wrapped around his waist, and attempting to tickle and touch her on her thigh, and frequently using his cell phone to record and photograph her under the guise he was photographing his children. Plaintiff says the housekeeper also observed this behavior, and upon information and belief, Daniel openly engaged in extramarital affairs which Robin knew of in advance of plaintiff’s hiring and tacitly approved of, as well as knowing of and tacitly approving Daniel’s behavior toward plaintiff. Plaintiff says Daniel engaged in frequent surveillance of his home, with cameras installed throughout the house, and on Dec. 7, 2020, the housekeeper discovered a camera positioned in the air duct in the floor of the half bath downstairs, one frequently used by plaintiff, defendants’ children, and their friends. Plaintiff photographed the camera, and says she and the housekeeper also discovered, in the storage room, a Samsung-branded cord and plug, which could go with Daniel’s Samsung Galaxy cell phone. Plaintiff says they called Robin instead of the police, trusting her to contact police, and that Robin and Daniel both soon arrived home, when Daniel went immediately to the bathroom and removed the camera, then retrieved the cord and plug from the storage room, although Robin claimed it was installed by an unknown person and Daniel claimed they were being stalked. Plaintiff says she confirmed the camera had been connected to defendants’ wireless network, although Robin initially denied the camera belonged to them, but on Dec. 10, admitted ownership and said it was purchased by Daniel. Plaintiff says she, and her father, repeatedly implored defendants to go to the police or FBI, as it was a matter involving children, but upon information and belief, defendants never filed a police report. Plaintiff filed a report on Dec. 9, and says the case was transferred to the FBI, who said they were contacting parents of other children who had been in the house. Plaintiff says since the date the camera was found, she has suffered significant physical and emotional symptoms of distress, has been diagnosed with PTSD, and that she is anxious about her ability to secure employment in the future after being terminated by defendants. Plaintiff alleges unlawful conduct, negligence, harassment, and Virginia Computer Crimes, and seeks compensatory damages of $5 million, and punitive, $350,000.
Attorneys: Henry I. Willett, Belinda D. Jones and Lauren E. Fisher White of Christian & Barton
Filed: 9/21/2021
CL21006293

Richmond Circuit Court

Reyna Elizabeth Ortiz-Andino v. Millennium Property, LLC
Plaintiff says they entered into a written contract with defendant June 21, 2019, to purchase property at 2010 Harwood St., and paid a deposit of $21,000, paid a second deposit of $15,000 on May 13, 2020, and subsequently, through June 20, 2021, made a series of payments totaling $28,500, as well as made $55,500 in improvements to the property with the approval of defendant. Plaintiff says on/about June 2021, defendant communicated refusal to honor the terms and terminated the contract, and refuses to return the $120,600. Plaintiff seeks an order that defendant proceed with the sale or return the money.
Attorneys: Charles Petran of Tingen Law
Filed: 9/21/2021
CL21004223

TeamCraft Roofing, Inc. v. Bass Crane Service, LLC
Plaintiff says defendant provided a crane and operator for a roof construction project, and on Nov. 11, 2020, the operator caused the rigging straps on the crane to catch on a 4-wheel cart, causing materials to fall on an employee and injure him. As a result of the injuries, plaintiff says it has paid benefits to the worker and expects to pay more, and seeks judgment of $46,552.94 for what it calls defendant’s negligence.
Attorneys: H. Robert Yates III of O’Hagan Meyer
Filed: 9/21/2021
CL21004227

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