The Docket: Local court roundup for 3.10.22

Chesterfield Circuit Court

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. United Grocery Group Corp. d/b/a United Latino Market
Plaintiff says defendant has breached an agreement by removing its skill game from the business at 7511 Midlothian Turnpike and offering to customers other video game machines from competing manufacturers and distributors in violation of exclusivity and non-competition provisions, and seeks compensatory damages of $75,000 and preliminary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 2/22/2022
CL22000554

Carla Belsey v. D. Omar Watson, DDS, MD, FACS; and Drs. Niamtu, Alexander, Keeney, Harris, Metzger and Dymon, PC d/b/a Virginia Oral and Facial Surgery
Plaintiff says Watson, on July 14, 2017, fractured her left mandible during a surgical procedure to extract wisdom teeth, and that she required emergency surgery on July 24 at VCU Hospital to repair her jaw and treat an abscess. Plaintiff says she continues to suffer symptoms of facial nerve injury and seeks judgment of $2 million.
Attorneys: Damon Pendleton of Christina Pendleton & Associates
Filed: 2/23/2022
CL22000567

Henrico Circuit Court

Kapitus Servicing, Inc. f/k/a Kapitus Funding Network, Inc. as authorized sub-servicing agent for Direct Merchants Funding, LLC d/b/a Flash Advance v. Karamah Argo Foods Inc. d/b/a Karamah Argo Foods; and Fahad Elshaer
Plaintiff says the Alexandria, Va., business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $34,380.60.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/16/2022
CL22000992

Kapitus Servicing, Inc. f/k/a Kapitus Funding Network, Inc. as authorized sub-servicing agent for Direct Merchants Funding, LLC d/b/a Flash Advance v. Top Dawg Excavation and Landscape, LLC d/b/a Top Dawg Excavation and Landscape; and David Marotta
Plaintiff says the North Chesterfield, Va., business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $37,253.92.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/22/2022
CL22001109

Colonial Funding Network, Inc. as authorized sub-servicing agent for Emerald Group Holding, LLC d/b/a Vitalcap Fund v. Friendly Motors, LLC d/b/a Friendly Motors; and Emmanuel Chlumber Saintil
Plaintiff says the Richmond, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $27,251.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/22/2022
CL22001110

Colonial Funding Network, Inc. as authorized sub-servicing agent for Emerald Group Holding, LLC d/b/a Vitalcap Fund v. Trust Mortgage Corporation d/b/a Trust Mortgage; and Roberto E. Jaramillo
Plaintiff says the Richmond, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $69,594.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/22/2022
CL22001111

Colonial Funding Network, Inc. v. Trident Tool, Inc. d/b/a Trident Tool; and Jeffrey Mullan
Plaintiff says the Stephens City, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $44,987.57.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 2/22/2022
CL22001113

Kevin Bell v. PayPal, Inc.
Plaintiff says since Feb. 9, 2021, defendant has refused to allow him access to funds in his PayPal account, and seeks the return of his funds of $43,440.63, as well as damages of $130,321.89.
Attorneys: Steven Krieger of Steven Krieger Law
Filed: 2/22/2022
CL22001114

Khari K. Ryder v. PCEO, Inc. d/b/a PC Construction Company
Plaintiff says on Dec. 22, 2019, due to defendant’s negligence in constructing a walkway over a tank into which human waste entered at the Wastewater Treatment Facility in Hopewell, the grating gave way, causing him to fall into the tank and severely gash his left calf to the bone, and causing other significant injuries. Plaintiff asks judgment of $450,000.
Attorneys: Henry W. McLaughlin
Filed: 2/23/2022
CL22001117

Rhetta M. Daniel v. Henry Howell III, Esquire and The Eminent Domain Litigation Group, PLC
Plaintiff says defendant, in 2018-2019, failed to represent her competently in a Virginia State Bar misconduct case, resulting in her license to practice law being revoked. Plaintiff seeks judgment of $5 million.
Attorneys: Rhetta M. Daniel
Filed: 2/22/2022
CL22001119

Richmond Circuit Court

Nergui Munkhbat Flaherty v. RAM & SAM Corp. d/b/a La Quinta Inn by Wyndham Richmond South; and Wyndham Hotels and Resorts, LLC
Plaintiff says on June 11, 2020, while descending the stairwell from the second to first floor, he slipped on a condom left there, causing him to fall and sustain permanent injuries. Plaintiff asks judgment of $1 million.
Attorneys: Gray B. Broughton of The Broughton Law Firm
Filed: 2/24/2022
CL22000483

AvePoint, Inc. v. ServIT, Inc.
Plaintiff says defendant has failed to pay invoices due of $60,775.
Attorneys: Joshua F.P. Long and Nicholas A. Mirra of Woods Rogers
Filed: 2/25/2022
CL22000486

POM of Virginia, LLC v. VA Food Mart Inc.
Plaintiff says defendant has breached an operating agreement and a settlement agreement of January 2022, by removing plaintiff’s skill game from the premises 3416 Jefferson Davis Highway and installing unauthorized video game devices. Plaintiff seeks compensatory damages of $75,000 and preliminary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 3/2/2022
CL22000499

Mark Johnson v. Hawk’s BBQ LLC d/b/a Hawk’s Fish & BBQ; Realty Income Corp. c/o Portfolio Management 1386; and FEC Management Group L.L.C.
Plaintiff claims damages of $250,000, saying on/about April 2, 2020, as he exited his car at 3050 Williamsburg Road, he slipped and fell in mud and other debris that had been allowed to accumulate in the parking lot, sustaining permanent injuries.
Attorneys: Craig B. Davis and Brooke Taylor of Reinhardt|Harper|Davis
Filed: 3/3/2022
CL22000953

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. BNB Venture’s Inc. d/b/a Goldy’s
Plaintiff says defendant has breached an agreement by removing its skill game from the premises at 4024 W. Broad St. and offering to customers other video game machines from competing manufacturers and distributors. Plaintiff seeks compensatory damages of $75,000 and preliminary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 3/2/2022
CL22000960

Derai Mahmoud Banitaha v. Rakan M. Saoud and JDH Convenience Store, LLC
Plaintiff says on/about April 27, 2021, he was working in the store at 1017 Jefferson Davis Highway, and despite knowledge that the store was in a high crime area, defendant failed to take any steps to protect him. Plaintiff says he was shot several times, causing severe and permanent injuries, and that defendant failed to maintain a workers compensation insurance policy, and seeks judgment of $1.5 million.
Attorneys: W. Barry Montgomery of KPM Law
Filed: 3/3/2022
CL2200096

Chesterfield Circuit Court

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. United Grocery Group Corp. d/b/a United Latino Market
Plaintiff says defendant has breached an agreement by removing its skill game from the business at 7511 Midlothian Turnpike and offering to customers other video game machines from competing manufacturers and distributors in violation of exclusivity and non-competition provisions, and seeks compensatory damages of $75,000 and preliminary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 2/22/2022
CL22000554

Carla Belsey v. D. Omar Watson, DDS, MD, FACS; and Drs. Niamtu, Alexander, Keeney, Harris, Metzger and Dymon, PC d/b/a Virginia Oral and Facial Surgery
Plaintiff says Watson, on July 14, 2017, fractured her left mandible during a surgical procedure to extract wisdom teeth, and that she required emergency surgery on July 24 at VCU Hospital to repair her jaw and treat an abscess. Plaintiff says she continues to suffer symptoms of facial nerve injury and seeks judgment of $2 million.
Attorneys: Damon Pendleton of Christina Pendleton & Associates
Filed: 2/23/2022
CL22000567

Henrico Circuit Court

Kapitus Servicing, Inc. f/k/a Kapitus Funding Network, Inc. as authorized sub-servicing agent for Direct Merchants Funding, LLC d/b/a Flash Advance v. Karamah Argo Foods Inc. d/b/a Karamah Argo Foods; and Fahad Elshaer
Plaintiff says the Alexandria, Va., business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $34,380.60.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/16/2022
CL22000992

Kapitus Servicing, Inc. f/k/a Kapitus Funding Network, Inc. as authorized sub-servicing agent for Direct Merchants Funding, LLC d/b/a Flash Advance v. Top Dawg Excavation and Landscape, LLC d/b/a Top Dawg Excavation and Landscape; and David Marotta
Plaintiff says the North Chesterfield, Va., business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $37,253.92.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/22/2022
CL22001109

Colonial Funding Network, Inc. as authorized sub-servicing agent for Emerald Group Holding, LLC d/b/a Vitalcap Fund v. Friendly Motors, LLC d/b/a Friendly Motors; and Emmanuel Chlumber Saintil
Plaintiff says the Richmond, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $27,251.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/22/2022
CL22001110

Colonial Funding Network, Inc. as authorized sub-servicing agent for Emerald Group Holding, LLC d/b/a Vitalcap Fund v. Trust Mortgage Corporation d/b/a Trust Mortgage; and Roberto E. Jaramillo
Plaintiff says the Richmond, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $69,594.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/22/2022
CL22001111

Colonial Funding Network, Inc. v. Trident Tool, Inc. d/b/a Trident Tool; and Jeffrey Mullan
Plaintiff says the Stephens City, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $44,987.57.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 2/22/2022
CL22001113

Kevin Bell v. PayPal, Inc.
Plaintiff says since Feb. 9, 2021, defendant has refused to allow him access to funds in his PayPal account, and seeks the return of his funds of $43,440.63, as well as damages of $130,321.89.
Attorneys: Steven Krieger of Steven Krieger Law
Filed: 2/22/2022
CL22001114

Khari K. Ryder v. PCEO, Inc. d/b/a PC Construction Company
Plaintiff says on Dec. 22, 2019, due to defendant’s negligence in constructing a walkway over a tank into which human waste entered at the Wastewater Treatment Facility in Hopewell, the grating gave way, causing him to fall into the tank and severely gash his left calf to the bone, and causing other significant injuries. Plaintiff asks judgment of $450,000.
Attorneys: Henry W. McLaughlin
Filed: 2/23/2022
CL22001117

Rhetta M. Daniel v. Henry Howell III, Esquire and The Eminent Domain Litigation Group, PLC
Plaintiff says defendant, in 2018-2019, failed to represent her competently in a Virginia State Bar misconduct case, resulting in her license to practice law being revoked. Plaintiff seeks judgment of $5 million.
Attorneys: Rhetta M. Daniel
Filed: 2/22/2022
CL22001119

Richmond Circuit Court

Nergui Munkhbat Flaherty v. RAM & SAM Corp. d/b/a La Quinta Inn by Wyndham Richmond South; and Wyndham Hotels and Resorts, LLC
Plaintiff says on June 11, 2020, while descending the stairwell from the second to first floor, he slipped on a condom left there, causing him to fall and sustain permanent injuries. Plaintiff asks judgment of $1 million.
Attorneys: Gray B. Broughton of The Broughton Law Firm
Filed: 2/24/2022
CL22000483

AvePoint, Inc. v. ServIT, Inc.
Plaintiff says defendant has failed to pay invoices due of $60,775.
Attorneys: Joshua F.P. Long and Nicholas A. Mirra of Woods Rogers
Filed: 2/25/2022
CL22000486

POM of Virginia, LLC v. VA Food Mart Inc.
Plaintiff says defendant has breached an operating agreement and a settlement agreement of January 2022, by removing plaintiff’s skill game from the premises 3416 Jefferson Davis Highway and installing unauthorized video game devices. Plaintiff seeks compensatory damages of $75,000 and preliminary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 3/2/2022
CL22000499

Mark Johnson v. Hawk’s BBQ LLC d/b/a Hawk’s Fish & BBQ; Realty Income Corp. c/o Portfolio Management 1386; and FEC Management Group L.L.C.
Plaintiff claims damages of $250,000, saying on/about April 2, 2020, as he exited his car at 3050 Williamsburg Road, he slipped and fell in mud and other debris that had been allowed to accumulate in the parking lot, sustaining permanent injuries.
Attorneys: Craig B. Davis and Brooke Taylor of Reinhardt|Harper|Davis
Filed: 3/3/2022
CL22000953

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. BNB Venture’s Inc. d/b/a Goldy’s
Plaintiff says defendant has breached an agreement by removing its skill game from the premises at 4024 W. Broad St. and offering to customers other video game machines from competing manufacturers and distributors. Plaintiff seeks compensatory damages of $75,000 and preliminary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 3/2/2022
CL22000960

Derai Mahmoud Banitaha v. Rakan M. Saoud and JDH Convenience Store, LLC
Plaintiff says on/about April 27, 2021, he was working in the store at 1017 Jefferson Davis Highway, and despite knowledge that the store was in a high crime area, defendant failed to take any steps to protect him. Plaintiff says he was shot several times, causing severe and permanent injuries, and that defendant failed to maintain a workers compensation insurance policy, and seeks judgment of $1.5 million.
Attorneys: W. Barry Montgomery of KPM Law
Filed: 3/3/2022
CL2200096

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