The Docket: Local court roundup for 10.21.21

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. St. Jude Health Wellness Center Corp. d/b/a St. Jude Health Wellness Center; and Marilyn Rodriguez Dominguez
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $82,506.50.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 10/12/2021
CL21003389

Kapitus Servicing, Inc. v. Thomas C. Rumph DMD, PC d/b/a Thomas C. Rumph, MD; and Thomas Rumph
Plaintiff says the Tennessee business is in default of a forward purchase agreement and seeks judgment in the principal amount of $83,694.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 10/12/2021
CL21003390

Kapitus Servicing, Inc. v. Xtra Care, Inc. d/b/a Xtra Care; and Anselm Jibunor
Plaintiff says the Minneapolis business is in default of a loan agreement and seeks judgment in the principal amount of $83,025.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 10/12/2021
CL21003391

Interstate Stations, Inc. and Rajendra Patel v. Kids Korner Learning Center, LLC; Jennifer J. Copeland; and Eric G. Copeland
Plaintiffs say defendants vacated commercial property at 6433 S. Beulah Road after 14 years, owing $35,000 in unpaid rent, and left the property in such poor condition that plaintiffs incurred $21,000 in repairs and deferred maintenance. Plaintiffs say Jennifer Copeland also is in default of a promissory note dated March 4, 2019, with an unpaid balance of $19,000, and ask judgment of $75,000.
Attorneys: Paul R. Mack of Saunders, Patterson & Mack
Filed: 10/13/2021
CL21003411

Henrico Circuit Court

KNR, Inc. t/a Rental Works v. R.E.J.T. Enterprises LLC
Plaintiff says defendant is in default of an equipment rental contract and seeks judgment of $27,353.11.
Attorneys: Jennifer J. West and Christopher A. Hurley of Spotts Fain
Filed: 9/16/2021
CL21006146

KNR, Inc. t/a Rental Works v. McKeel Contracting LLC
Plaintiff says defendant is in default of an equipment rental contract and seeks judgment of $30,385.85.
Attorneys: Jennifer J. West and Christopher A. Hurley of Spotts Fain
Filed: 9/16/2021
CL21006147

William Pearse v. JP VCC LLC d/b/a Comfort Suites at Virginia Center Commons
Plaintiff claims damages of $1 million, and says on/about Oct. 13, 2019, he was caused to slip and fall on a wet floor in the lobby, causing significant injury.
Attorneys: Kenneth LaDuca and Nicholas J.N. Stamatis of Price Benowitz
Filed: 9/17/2021
CL21006160

Annandale Millwork and Allied Systems Corporation v. Hourigan Construction Corp.
Plaintiff says defendant has failed to pay for all the materials furnished for a project and seeks judgment of $193,746.13.
Attorneys: David S. Musgrave of Gordon Feinblatt
Filed: 9/23/2021
CL21006326

Southern States Insurance Exchange v. Horizon Systems & Services, Inc.
Plaintiff says defendant failed to deliver an operational comprehensive insurance policy administration system, and has failed to provide consistent management and support. Plaintiff seeks judgment of $1,442,010.
Attorneys: Nathaniel L. Story and Allison Klena of Hirschler Fleischer
Filed: 9/24/2021
CL21006360

EFESO Consulting, Inc. v. Fareva S.A. a/k/a Fareva Group; and Fareva Richmond, Inc.
Plaintiff says it provided operational advisory and process improvement services under contract in connection with defendant’s aerosol manufacturing plant in Henrico, and defendant has failed to pay no less than $1.47 million due.
Attorneys: Warren David Harless and R. Braxton Hill IV of Christian & Barton
Filed: 9/29/2021
CL21006491

Jose Reyes v. Chipotle Mexican Grill
Plaintiff says on Dec. 22, 2019, he had dinner at 11728 W. Broad St., and within an hour began experiencing debilitating abdominal pain, diarrhea, and other issues, and at the hospital, was diagnosed with gastroenteritis. Plaintiff seeks $100,000 in damages.
Attorneys: Justin L. Criner of Hairfield Moron
Filed: 10/1/2021
CL21006503

Federal Realty Investment Trust v. Saltbox Oyster Company, LLC t/a Salt Box Oyster Co.; Matthew Tlusty; and Elizabeth McDaniel
Plaintiff says defendant leased premises in Willow Lawn Shopping Center beginning September 2018 and became delinquent in June 2019. Plaintiff says at some point prior to Feb. 7, 2020, defendant stopped operating, and on Feb. 18, landlord and tenant modified the lease, whereby tenant agreed to reopen, landlord agreed to modify tenant’s payments under the lease, and tenant agreed to pay a remaining note balance as additional rent. Plaintiff says on July 9, 2020, it exercised its right to terminate the lease and tenant vacated the property, but as of Sept. 1, 2021, has outstanding rent due. Plaintiff seeks judgment of $131,320.67.
Attorneys: Christopher B. Bowman and Jason S. Ordene of Bregman, Berbert, Schwartz & Gilday
Filed: 10/4/2021
CL21006513

Richmond Circuit Court

Odelia Garrett v. The City of Richmond and John Doe Company
Plaintiff says on Dec. 9, 2019, she stepped on a manhole cover at or near 1110 N. 23rd St., which gave way, causing serious and permanent injury. Plaintiff asks judgment of $950,000.
Attorneys: Emmet D. Alexander, Michael R. Krol and Robert G. Maury of Alexander Law Group
Filed: 10/12/2021
CL21004506

Bobbie Reeves, administrator of the estate of Charles T. Reeves III, deceased v. Mark M. Levy, M.D.; Francesco Albuquerque, M.D.; Ashley Slaughter, M.D.; Alan Rossi, M.D.; and MCV Associated Physicians
Plaintiff says defendants’ negligence, beginning Oct. 9, 2020, including failing to diagnose and treat his severely diseased celiac and superior mesenteric arteries in the setting of a bowel obstruction caused by mesenteric ischemia, led to his death on Oct. 22 of septic shock secondary to massive intra-abdominal sepsis and acute pulmonary embolism. Plaintiff seeks judgment of $5 million.
Attorneys: Christopher L. Spinelli and William Hanson of Emroch & Kilduff
Filed: 10/12/2021
CL21004528

John F. Zacharias; William B. Zacharias; Edward Zacharias; E. Michael Zacharias; Mary Ellen Yates; W. Kenneth Zacharias; Elizabeth Thompson; E. Michael Zacharias, trustee, on behalf of The Anne Marie Worland Shaver Revocable Trust; E. Michael Zacharias, trustee, on behalf of The Margaret E. Worland Brown Revocable Trust; and E. Michael Zacharias, trustee, on behalf of The Matthew P. Worland Revocable Trust v. Jacksons Point Holding, LLC
Plaintiffs say they entered into a purchase and sale agreement with defendant dated June 8, 2020, for certain real property, and pursuant to the terms of the PSA, plaintiffs, as sellers, deposited $1.6 million with purchaser’s lender as a “closing deposit,” and defendant was to repay plaintiffs, after closing, in three installments in an agreed-upon timeframe and pay a prorations payment of $67,622.13. Plaintiffs says defendant made the first payment of $600,000 in August, but failed to pay the second deposit of $500,000 on or before Sept. 30, 2021, and they don’t expect defendant will make the third payment of $500,000 and the prorations payment. Plaintiffs allege breach of contract and seek no less than $500,000.
Attorneys: Stephanie P. Karn of Kaplan Voekler Cunningham & Frank
Filed: 10/12/2021
CL21004530

JBW Investments LLC of Virginia v. DYNProperty, LLC and Stephen Harrell
Plaintiff says it signed a contract with defendant in April 2020 for defendant to develop a lot known as 3212 Lawson St., and defendant induced plaintiff to obtain a bank loan of $50,000 to pay the initial deposit, but defendant has failed to timely perform agreed-upon services for a home to be constructed for $306,100. Plaintiff alleges fraud and breach of contract and seeks judgment of $356,100.
Attorneys: D. Scott Caslow of Friedman, Framme & Thrush
Filed: 10/18/2021
CL21004581

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