The Docket: Local court roundup for 1.27.22

Chesterfield Circuit Court

Elbert Byars and Shamika Byars v. Refresh Remodeling LLC
Plaintiffs say defendant agreed to furnish labor and materials for a remodeling project, and they obtained financing for the project, with defendant receiving a draw of about $34,000 – 40 percent of the contract price – but defendant did not start any work and has failed to refund any money. Plaintiffs allege breach of contract and fraud, and seek compensatory damages of $100,000.
Attorneys: Robert J. Allen of ThorsenAllen
Filed: 1/13/2022
CL22000104

Kapitus Servicing, Inc. v. Angeline’s Transportation, Inc. d/b/a Angeline’s Transportation; and Angeline Narine
Plaintiff says the New Jersey business is in default of a future receivables financing agreement and seeks judgment in the principal amount of $110,387.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/13/2022
CL22000107

Kapitus Servicing, Inc. v. Ruben Serna Jr. d/b/a 3 in 1 Painting
Plaintiff says the Texas business is in default of two financial agreements and seeks judgment in the principal amount of $38,561.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/13/2022
CL22000108

Kapitus Servicing, Inc. v. Americleanone LLC d/b/a Americlean; and Robert Vizithum
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $35,478.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/13/2022
CL22000109

Henrico Circuit Court

Robert C. Woods v. Deltaville Boatyard, LLC; William Anthony Pullman; and Susanna Starr Pullman
Plaintiff alleges defendant converted his yacht from dry storage, supposedly selling the boat and giving away his jet ski, and denies that the watercraft were abandoned. Plaintiff alleges breach of bailment contract and unjust enrichment, and seeks compensatory damages of $350,000, and punitive, $250,000.
Attorneys: S. Keith Barker
Filed: 1/11/2022
CL22000189

Kapitus Servicing, Inc. v. N-2-Metal, LLC d/b/a Montgomery Craft; and Kirk Thompson
Plaintiff says the Missouri business is in default of a loan agreement and seeks judgment in the principal amount of $73,200.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/18/2022
CL22000271

Kapitus Servicing, Inc., as authorized sub-servicing agent for Invision Funding, LLC d/b/a First US Funding v. Eye Candy Boutique, L.L.C. d/b/a Eye Candy Boutique; Varghese’s Enterprises LLC d/b/a Eye Candy Boutique; and Prakash Varghese
Plaintiff says the Missouri business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $29,266.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/19/2022
CL22000339

Richmond Circuit Court

Lakesha C. Butler v. Buford Corporation
Plaintiff claims damages of $75,000, alleging defendant failed to provide a fit and habitable residence at her two-bedroom town home at 2211 Mandalay Drive, causing her to sustain damages from mold and a gas leak.
Attorneys: Henry W. McLaughlin of The Law Office of Henry McLaughlin
Filed: 1/14/2022
CL22000172

Edgar Wingfield v. James A. McCoig, M.D. and Kilmarnock Orthopaedics, Inc.
Plaintiff says for a total left knee replacement surgery on Feb. 4, 2020, defendants failed to refer him for a vascular evaluation, negligently failed to perform adequate examination of the vascular status of his left foot, and failed to diagnose peripheral artery disease, and as a result, he suffered severe and permanent injuries, including an above-the-knee amputation. Plaintiff seeks judgment of $5 million.
Attorneys: Philip S. Marstiller Jr. and William B. Kilduff of Emroch & Kilduff
Filed: 1/14/2022
CL22000175

Carla Berger v. Richmond Overlook LP d/b/a Belle Summit Apartments; Lawson Realty Corporation; and Megan Goodmundson
Plaintiff says defendant charged her higher rent to lease an apartment because the source of her funds to pay included a public assistance housing voucher, notifying her in December 2020 that her rent would be $1,373 per month if she used her housing voucher to pay part of her rent, but her rent would be $860 per month for the same apartment if she did not use the voucher, forcing her to move. Prior to the increase, plaintiff says, total rent was $850 per month, with her out-of-pocket rent $477 per month. Plaintiff says defendant increased rent by $523 specifically for tenants using housing vouchers, and alleges discrimination and violation of Virginia Fair Housing Law. Plaintiff seeks compensatory damages of no less than $50,000, and punitive, $25,000.
Attorneys: Cullen D. Seltzer, Faith A. Alejandro and D. Patrick Callahan of Sands Anderson
Filed: 1/14/2022
CL22000176

Marcia Williams v. Experian Information Solutions, Inc. and Trans Union, LLC
Plaintiff says defendants reported inaccurate information regarding an account, and when she disputed the inaccuracies, did not investigate, negatively impacting her credit rating and damaging her reputation. Plaintiff seeks compensatory damages of $150,000, and punitive, $1 million.
Attorneys: Drew D. Sarrett of Consumer Litigation Associates
Filed: 1/13/2022
CL22000177

Keith Harper v. Jay Swami, LLC d/b/a Diamond Inn & Suites
Plaintiff says on Jan. 28, 2020, at 1600 Robin Hood Road, when he stepped into the bathtub/shower, he slipped due to defendant’s negligence, falling and suffering serious injuries, including fractures of multiple ribs and a collapsed lung. Plaintiff asks judgment of $1.25 million.
Attorneys: Robert M. Somer
Filed: 1/18/2022
CL22000181

Chesterfield Circuit Court

Elbert Byars and Shamika Byars v. Refresh Remodeling LLC
Plaintiffs say defendant agreed to furnish labor and materials for a remodeling project, and they obtained financing for the project, with defendant receiving a draw of about $34,000 – 40 percent of the contract price – but defendant did not start any work and has failed to refund any money. Plaintiffs allege breach of contract and fraud, and seek compensatory damages of $100,000.
Attorneys: Robert J. Allen of ThorsenAllen
Filed: 1/13/2022
CL22000104

Kapitus Servicing, Inc. v. Angeline’s Transportation, Inc. d/b/a Angeline’s Transportation; and Angeline Narine
Plaintiff says the New Jersey business is in default of a future receivables financing agreement and seeks judgment in the principal amount of $110,387.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/13/2022
CL22000107

Kapitus Servicing, Inc. v. Ruben Serna Jr. d/b/a 3 in 1 Painting
Plaintiff says the Texas business is in default of two financial agreements and seeks judgment in the principal amount of $38,561.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/13/2022
CL22000108

Kapitus Servicing, Inc. v. Americleanone LLC d/b/a Americlean; and Robert Vizithum
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $35,478.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/13/2022
CL22000109

Henrico Circuit Court

Robert C. Woods v. Deltaville Boatyard, LLC; William Anthony Pullman; and Susanna Starr Pullman
Plaintiff alleges defendant converted his yacht from dry storage, supposedly selling the boat and giving away his jet ski, and denies that the watercraft were abandoned. Plaintiff alleges breach of bailment contract and unjust enrichment, and seeks compensatory damages of $350,000, and punitive, $250,000.
Attorneys: S. Keith Barker
Filed: 1/11/2022
CL22000189

Kapitus Servicing, Inc. v. N-2-Metal, LLC d/b/a Montgomery Craft; and Kirk Thompson
Plaintiff says the Missouri business is in default of a loan agreement and seeks judgment in the principal amount of $73,200.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/18/2022
CL22000271

Kapitus Servicing, Inc., as authorized sub-servicing agent for Invision Funding, LLC d/b/a First US Funding v. Eye Candy Boutique, L.L.C. d/b/a Eye Candy Boutique; Varghese’s Enterprises LLC d/b/a Eye Candy Boutique; and Prakash Varghese
Plaintiff says the Missouri business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $29,266.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/19/2022
CL22000339

Richmond Circuit Court

Lakesha C. Butler v. Buford Corporation
Plaintiff claims damages of $75,000, alleging defendant failed to provide a fit and habitable residence at her two-bedroom town home at 2211 Mandalay Drive, causing her to sustain damages from mold and a gas leak.
Attorneys: Henry W. McLaughlin of The Law Office of Henry McLaughlin
Filed: 1/14/2022
CL22000172

Edgar Wingfield v. James A. McCoig, M.D. and Kilmarnock Orthopaedics, Inc.
Plaintiff says for a total left knee replacement surgery on Feb. 4, 2020, defendants failed to refer him for a vascular evaluation, negligently failed to perform adequate examination of the vascular status of his left foot, and failed to diagnose peripheral artery disease, and as a result, he suffered severe and permanent injuries, including an above-the-knee amputation. Plaintiff seeks judgment of $5 million.
Attorneys: Philip S. Marstiller Jr. and William B. Kilduff of Emroch & Kilduff
Filed: 1/14/2022
CL22000175

Carla Berger v. Richmond Overlook LP d/b/a Belle Summit Apartments; Lawson Realty Corporation; and Megan Goodmundson
Plaintiff says defendant charged her higher rent to lease an apartment because the source of her funds to pay included a public assistance housing voucher, notifying her in December 2020 that her rent would be $1,373 per month if she used her housing voucher to pay part of her rent, but her rent would be $860 per month for the same apartment if she did not use the voucher, forcing her to move. Prior to the increase, plaintiff says, total rent was $850 per month, with her out-of-pocket rent $477 per month. Plaintiff says defendant increased rent by $523 specifically for tenants using housing vouchers, and alleges discrimination and violation of Virginia Fair Housing Law. Plaintiff seeks compensatory damages of no less than $50,000, and punitive, $25,000.
Attorneys: Cullen D. Seltzer, Faith A. Alejandro and D. Patrick Callahan of Sands Anderson
Filed: 1/14/2022
CL22000176

Marcia Williams v. Experian Information Solutions, Inc. and Trans Union, LLC
Plaintiff says defendants reported inaccurate information regarding an account, and when she disputed the inaccuracies, did not investigate, negatively impacting her credit rating and damaging her reputation. Plaintiff seeks compensatory damages of $150,000, and punitive, $1 million.
Attorneys: Drew D. Sarrett of Consumer Litigation Associates
Filed: 1/13/2022
CL22000177

Keith Harper v. Jay Swami, LLC d/b/a Diamond Inn & Suites
Plaintiff says on Jan. 28, 2020, at 1600 Robin Hood Road, when he stepped into the bathtub/shower, he slipped due to defendant’s negligence, falling and suffering serious injuries, including fractures of multiple ribs and a collapsed lung. Plaintiff asks judgment of $1.25 million.
Attorneys: Robert M. Somer
Filed: 1/18/2022
CL22000181

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