The Docket: Local court roundup for 6.2.22

Chesterfield Circuit Court

Deonte Holton, by and through his guardians, Jocelyn T. Holton and Anthony G. Holton v. Good Neighbor Homes, Inc.; Good Neighbor Homes, LLC; Good Neighbor Homes II, LLC; Aaron Wilson; Crystal Lipford; Kristen Gregory; Angela Brown; Heidi Deutsch; and Jane Doe
Plaintiff, with intellectual disability, autism and bi-polar disorder, is non-verbal, and because of negligence in the group home at 16417 Harrogate Road and failure to supervise, alleges defendant allowed him to be assaulted by other residents and by staff member Wilson. Plaintiff alleges battery and negligence and seeks judgment of $1 million.
Attorneys: Jonathan E. Halperin and Helen T. Vu of Halperin Law Center
Filed: 5/17/2022
CL22001644

Advance Auto Parts, Inc. v. Sweetie Boy Fab Workz, Inc.
Plaintiff says it provided materials on credit, and defendant has a balance due of $43,344.64.
Attorneys: David H. Gouger
Filed: 5/24/2022
CL22001744

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Krishna Traders Inc. d/b/a M & M Shell
Plaintiff says defendant has breached an exclusivity agreement by removing or making inoperable its skill game from the premises at 5400 Jefferson Davis Highway 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: 5/25/2022
CL22001759

POM of Virginia, LLC v. Your Place Sports Bar & Grill
Plaintiff says defendant has breached an exclusivity agreement at 101 Wadsworth Drive by installing and offering other video game machines from competing manufacturers and distributors, 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: 5/25/2022
CL22001760

Kapitus Servicing, Inc. v. The BBQ King Inc. d/b/a The BBQ King; and Marios Spirou
Plaintiff says the New York business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $22,015.75.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001780

Kapitus Servicing, Inc. v. Voyager Enterprises, LLC d/b/a The Affiniti Group; and Deborah Brown Britt
Plaintiff says the Orlando business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $61,660.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 5/26/2022
CL22001781

Kapitus Servicing, Inc. v. Palmetto Professional Research Corp. d/b/a Palmetto Professional Research; and Carlos Rodriguez
Plaintiff says the Miami business is in default of a forward purchase agreement and seeks judgment in the principal amount of $39,112.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001782

Henrico Circuit Court

Colliers International Virginia, LLC v. 30 West Pershing, LLC; Suffolk Retail, LLC; and Arciterra Companies, LLC
Plaintiff says defendant has defaulted on a management and maintenance contract for property at 5860 Harbour View Blvd., Suffolk, and seeks judgment of $32,137.55.
Attorneys: E. Duffy Myrtetus and Ashley A. Davoli of Eckert Seamans Cherin & Mellott
Filed: 5/18/2022
CL22003119

Arlene Simmons, administrator of the estate of Valerie Page, deceased v. HCA Health Services of Virginia, Inc. d/b/a Henrico Doctors’ Hospital – Forest
Plaintiff says defendant, while decedent was hospitalized Jan. 13-March 16, 2021, provided inadequate skin care, allowing a sacral pressure sore to worsen, leading to decedent’s death on April 14. Plaintiff seeks judgment of $3 million.
Attorneys: Michael W. Lantz of Lantz & Robins
Filed: 5/19/2022
CL22003135

Dana Beers v. Target Stores, Inc.
Plaintiff says on Jan. 7, 2019, at 5401 W. Broad St., he stepped in a crack in the parking lot, causing him to fall. Plaintiff claims damages of $250,000.
Attorneys: Keith B. Marcus of Blank & Marcus
Filed: 5/19/2022
CL22003142

Shorn S. Figaro v. VCC Partners, LLC d/b/a Virginia Center Commons
Plaintiff claims damages of $4.5 million, and says on Aug. 26, 2020, he slipped and fell on liquid on the floor in the food court, sustaining severe and permanent injuries.
Attorneys: Thomas M. Konvicka of The Joel Bieber Firm
Filed: 5/20/2022
CL22003168

Kapitus Servicing, Inc. v. La Porte Feed & Supply, LLC d/b/a La Port Feed & Supply; and Stephanie Cardenas
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $47,454.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22003218

Kapitus Servicing, Inc. v. Motta Tile, Inc. d/b/a Motta Tile; and Adriano Ferreira Da Mota
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $40,627.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22003220

Richmond Circuit Court

Protective Insurance Company v. Ceres Transport, LLC
Plaintiff says it provided insurance coverage and defendant has failed to pay an outstanding balance of $52,093.
Attorneys: Jamie Glick of Friedman, Framme & Thrush
Filed: 5/17/2022
CL22002221

Richard Jurzynski v. Hunnicutt and Stevens LLC
Plaintiff says defendant failed to complete or to properly install/build framing work at his property, necessitating him to hire others to correct and finish the work. Plaintiff asks judgment of $36,777.
Attorneys: G. Christopher Jones Jr. and Benjamin F. Dill of Sinnott, Nuckols & Logan
Filed: 5/23/2022
CL22002263

Estes Express Lines v. New York Packaging II, LLC d/b/a RediBag USA
Plaintiff says the New York company tendered 22 shipments of goods between October 2021 and January 2022 under a pricing agreement and has failed to pay. Plaintiff seeks judgment of $108,132.63.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 5/23/2022
CL22002264

Magic Industries, Inc. d/b/a Magic Special Events v. Allison M. Dugal and DesignCreateShop, LLC
Plaintiff says Dugal, while employed at Magic, provided special event design, planning and production services in competition with plaintiff through her own company, DCS, despite telling plaintiff that she was forming her own company solely to provide certain handcrafted food products to customers, such as chocolate dipped strawberries. Plaintiff says defendant diverted business from them and alleges fraud, breach of fiduciary duty and tortious interference and seeks judgment to be determined at trial, and punitive damages of $350,000.
Attorneys: David B. Lacy and Lauren F. Fisher White of Christian & Barton
Filed: 5/23/2022
CL22002266

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Karabatek Inc. d/b/a A-Z Express
Plaintiff says defendant has breached an exclusivity agreement by removing or making inoperable its skill game from the premises at 6232 Jahnke Road 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: 5/24/2022
CL22002314

Kapitus Servicing, Inc. v. C.J. Malphurs Septic Service, Inc. d/b/a Malphurs Septic Service; and Leonard Malphurs
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $62,401.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22002320

Kapitus Servicing, Inc. v. Lawn & Land Care by G & J, LLC d/b/a U.S. Lawns-Hickory
Plaintiff says the North Carolina business is in default of two financial agreements and seeks judgment in the principal amount of $56,368.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/24/2022
CL22002321

Kapitus Servicing, Inc. v. “The Works” Remodeling, LLC d/b/a The Works Remodeling; and Robert Earl Jones Jr.
Plaintiff says the North Carolina business is in default of a loan agreement and seeks judgment in the principal amount of $73,650.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/25/2022
CL22002322

Chesterfield Circuit Court

Deonte Holton, by and through his guardians, Jocelyn T. Holton and Anthony G. Holton v. Good Neighbor Homes, Inc.; Good Neighbor Homes, LLC; Good Neighbor Homes II, LLC; Aaron Wilson; Crystal Lipford; Kristen Gregory; Angela Brown; Heidi Deutsch; and Jane Doe
Plaintiff, with intellectual disability, autism and bi-polar disorder, is non-verbal, and because of negligence in the group home at 16417 Harrogate Road and failure to supervise, alleges defendant allowed him to be assaulted by other residents and by staff member Wilson. Plaintiff alleges battery and negligence and seeks judgment of $1 million.
Attorneys: Jonathan E. Halperin and Helen T. Vu of Halperin Law Center
Filed: 5/17/2022
CL22001644

Advance Auto Parts, Inc. v. Sweetie Boy Fab Workz, Inc.
Plaintiff says it provided materials on credit, and defendant has a balance due of $43,344.64.
Attorneys: David H. Gouger
Filed: 5/24/2022
CL22001744

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Krishna Traders Inc. d/b/a M & M Shell
Plaintiff says defendant has breached an exclusivity agreement by removing or making inoperable its skill game from the premises at 5400 Jefferson Davis Highway 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: 5/25/2022
CL22001759

POM of Virginia, LLC v. Your Place Sports Bar & Grill
Plaintiff says defendant has breached an exclusivity agreement at 101 Wadsworth Drive by installing and offering other video game machines from competing manufacturers and distributors, 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: 5/25/2022
CL22001760

Kapitus Servicing, Inc. v. The BBQ King Inc. d/b/a The BBQ King; and Marios Spirou
Plaintiff says the New York business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $22,015.75.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001780

Kapitus Servicing, Inc. v. Voyager Enterprises, LLC d/b/a The Affiniti Group; and Deborah Brown Britt
Plaintiff says the Orlando business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $61,660.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 5/26/2022
CL22001781

Kapitus Servicing, Inc. v. Palmetto Professional Research Corp. d/b/a Palmetto Professional Research; and Carlos Rodriguez
Plaintiff says the Miami business is in default of a forward purchase agreement and seeks judgment in the principal amount of $39,112.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001782

Henrico Circuit Court

Colliers International Virginia, LLC v. 30 West Pershing, LLC; Suffolk Retail, LLC; and Arciterra Companies, LLC
Plaintiff says defendant has defaulted on a management and maintenance contract for property at 5860 Harbour View Blvd., Suffolk, and seeks judgment of $32,137.55.
Attorneys: E. Duffy Myrtetus and Ashley A. Davoli of Eckert Seamans Cherin & Mellott
Filed: 5/18/2022
CL22003119

Arlene Simmons, administrator of the estate of Valerie Page, deceased v. HCA Health Services of Virginia, Inc. d/b/a Henrico Doctors’ Hospital – Forest
Plaintiff says defendant, while decedent was hospitalized Jan. 13-March 16, 2021, provided inadequate skin care, allowing a sacral pressure sore to worsen, leading to decedent’s death on April 14. Plaintiff seeks judgment of $3 million.
Attorneys: Michael W. Lantz of Lantz & Robins
Filed: 5/19/2022
CL22003135

Dana Beers v. Target Stores, Inc.
Plaintiff says on Jan. 7, 2019, at 5401 W. Broad St., he stepped in a crack in the parking lot, causing him to fall. Plaintiff claims damages of $250,000.
Attorneys: Keith B. Marcus of Blank & Marcus
Filed: 5/19/2022
CL22003142

Shorn S. Figaro v. VCC Partners, LLC d/b/a Virginia Center Commons
Plaintiff claims damages of $4.5 million, and says on Aug. 26, 2020, he slipped and fell on liquid on the floor in the food court, sustaining severe and permanent injuries.
Attorneys: Thomas M. Konvicka of The Joel Bieber Firm
Filed: 5/20/2022
CL22003168

Kapitus Servicing, Inc. v. La Porte Feed & Supply, LLC d/b/a La Port Feed & Supply; and Stephanie Cardenas
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $47,454.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22003218

Kapitus Servicing, Inc. v. Motta Tile, Inc. d/b/a Motta Tile; and Adriano Ferreira Da Mota
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $40,627.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22003220

Richmond Circuit Court

Protective Insurance Company v. Ceres Transport, LLC
Plaintiff says it provided insurance coverage and defendant has failed to pay an outstanding balance of $52,093.
Attorneys: Jamie Glick of Friedman, Framme & Thrush
Filed: 5/17/2022
CL22002221

Richard Jurzynski v. Hunnicutt and Stevens LLC
Plaintiff says defendant failed to complete or to properly install/build framing work at his property, necessitating him to hire others to correct and finish the work. Plaintiff asks judgment of $36,777.
Attorneys: G. Christopher Jones Jr. and Benjamin F. Dill of Sinnott, Nuckols & Logan
Filed: 5/23/2022
CL22002263

Estes Express Lines v. New York Packaging II, LLC d/b/a RediBag USA
Plaintiff says the New York company tendered 22 shipments of goods between October 2021 and January 2022 under a pricing agreement and has failed to pay. Plaintiff seeks judgment of $108,132.63.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 5/23/2022
CL22002264

Magic Industries, Inc. d/b/a Magic Special Events v. Allison M. Dugal and DesignCreateShop, LLC
Plaintiff says Dugal, while employed at Magic, provided special event design, planning and production services in competition with plaintiff through her own company, DCS, despite telling plaintiff that she was forming her own company solely to provide certain handcrafted food products to customers, such as chocolate dipped strawberries. Plaintiff says defendant diverted business from them and alleges fraud, breach of fiduciary duty and tortious interference and seeks judgment to be determined at trial, and punitive damages of $350,000.
Attorneys: David B. Lacy and Lauren F. Fisher White of Christian & Barton
Filed: 5/23/2022
CL22002266

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Karabatek Inc. d/b/a A-Z Express
Plaintiff says defendant has breached an exclusivity agreement by removing or making inoperable its skill game from the premises at 6232 Jahnke Road 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: 5/24/2022
CL22002314

Kapitus Servicing, Inc. v. C.J. Malphurs Septic Service, Inc. d/b/a Malphurs Septic Service; and Leonard Malphurs
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $62,401.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22002320

Kapitus Servicing, Inc. v. Lawn & Land Care by G & J, LLC d/b/a U.S. Lawns-Hickory
Plaintiff says the North Carolina business is in default of two financial agreements and seeks judgment in the principal amount of $56,368.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/24/2022
CL22002321

Kapitus Servicing, Inc. v. “The Works” Remodeling, LLC d/b/a The Works Remodeling; and Robert Earl Jones Jr.
Plaintiff says the North Carolina business is in default of a loan agreement and seeks judgment in the principal amount of $73,650.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/25/2022
CL22002322

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