The Docket: Local court roundup for 7.7.22

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Clayton’s Public House, LP d/b/a Clayton’s Public House; and Elizabeth A. Peterson-Gower
Plaintiff says the Los Angeles business is in default of a forward purchase agreement and seeks judgment in the principal amount of $99,846.52.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/14/2022
CL22001993

Ohio Security Insurance Company v. Star Commercial Janitorial Service, Inc.
Plaintiff says defendant has breached its contractual duty to pay workers’ compensation and employer liability insurance policies as due and assessed by audit, owing the principal sum of $43,613.
Attorneys: Matthew D. Huebschman of Shenandoah Legal Group
Filed: 6/15/2022
CL22001999

Kapitus Servicing, Inc. v. MJR Electric Inc. d/b/a MJR Electric Inc.; and MacNair Roza-Junior
Plaintiff says the Massachusetts business is in default of a forward purchase agreement and seeks judgment in the principal amount of $160,510.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/16/2022
CL22002035

Kapitus Servicing, Inc. v. Superior Pump Solutions, LLC d/b/a Superior Pump Solutions; and Shane Stelly
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $147,189.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/16/2022
CL22002036

Charter (E&A), LLC v. Yokatoko Enterprises Midlothian, LLC; Dwight T. Tausz; and Jodi Savage-Tausz
Plaintiff says defendant has defaulted on a lease for commercial space in Charter Colony shopping center at 13901 Midlothian Turnpike, owing $71,994.72 through March 9, 2022.
Attorneys: Christopher B. Bowman and Stephen J. Whelan of Bregman, Berbert, Schwartz & Gilray
Filed: 6/22/2022
CL22002097

JES Operations, LLC n/k/a Groundworks Operations, LLC d/b/a JES Foundation Repair v. Humphrey Exterior Solutions, LLC; Kevin Humphrey; and Keith Humphrey
Plaintiff says Kevin and Keith, former employees, and Humphrey Exterior collectively interfered with plaintiff’s business relations, made misrepresentations to customers and used JES’s name without authorization to advance their own business interests, and have conspired with unnamed JES employees to breach those employees’ fiduciary duties of loyalty to JES in violation of restrictive covenant agreements. Plaintiff seeks compensatory damages of not less than $75,000 and injunctive relief.
Attorneys: Stacey Rose Harris and M. Jarrad Wright of DiMuroGinsberg; and Paul J. Peralta and Ben Shook of Moore & Van Allen
Filed: 6/22/2022
CL22002104

Kapitus Servicing, Inc. v. Cheap Pizza in Taunton, Inc. d/b/a Classic Pizza I; and Jambulat Tkhilaishvili
Plaintiff says the Massachusetts business is in default of a forward purchase agreement and seeks judgment in the principal amount of $77,036.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/23/2022
CL22002110

Henrico Circuit Court

Premium Management LLC v. Sook Corporation
Plaintiff, a distributor of skill-based video games, says defendant, the Super Mart at 1611 Mountain Road, Glen Allen, is in breach of an agreement to pay plaintiff 50 percent of net proceeds from plaintiff’s games installed in the store, and has installed competitive games from other manufacturers. Plaintiff seeks damages of $51,070, and injunctive relief.
Attorneys: Stephen M. Faraci Sr. and Robert N. Drewry of Whiteford, Taylor & Preston
Filed: 6/21/2022
CL22003902

Kapitus Servicing, Inc. v. J Domenico & Son Excavating, Inc. d/b/a J Domenico & Son Excavating, Inc.; and Joseph Domenico
Plaintiff says the New Jersey business is in default of two financial agreements and seeks judgment in the principal amount of $140,896.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/23/2022
CL22003835

Bahen, Inc. d/b/a Servpro of Chesterfield v. Hanson Agency, Inc.
Plaintiff says it provided clean-up and restoration after a fire for defendant property at 207 W. Nine Mile Road and is owed a balance of $43,567.59.
Attorneys: James W. Curry of Nguyen|Ballato
Filed: 6/23/2022
CL22003910

Elizabeth Anne Spacht v. Commonwealth Endodontics, PLLC and Ronald Vranas, DDS
Plaintiff says she suffered a nerve injury during a negligent root canal on Jan. 16, 2020, leading to paresthesia, numbness and pain, and seeks judgment of $2.5 million.
Attorneys: Michele Bartoli Cain and Wallace B. Wason Jr. of Bartoli Cain Wason
Filed: 6/24/2022
CL22003912

James V. Johnson and Shaniqua S. Johnson v. Prince D. Allen Sr. and P.D. Allen Sr., LLC
Plaintiffs say they contracted with defendant for construction of a new home, and on Nov. 19, 2021, paid $50,000 by cashier’s check and diligently pursued a mortgage while construction was ongoing, but defendant informed them on/about May 18, 2022, that he intended to sell the home to someone else and has failed to return the deposit. Plaintiffs seeks specific performance to convey the property to them at the agreed-upon price of $539,880, or compensatory damages of $300,000.
Attorneys: Robert J. Allen of ThorsenAllen
Filed: 6/27/2022
CL22003922

Richmond Circuit Court

Yvette Reed v. Wawa, Inc.
Plaintiff claims damages of $950,000, for injuries she says were incurred in the store at 2415 Staples Mill Road.
Attorneys: Robert W. O’Neal of Cannella & O’Neal
Filed: 6/28/2022
CL22002772

Jeffery Clayton v. Kroger Limited Partnership I; The Kroger Co.; and Kroger
Plaintiff says on July 4, 2020, he slipped on a puddle of liquid in the checkout area at 4816 S. Laburnum Ave., sustaining injuries for which he seeks compensation of $75,000.
Attorneys: M. Scott Bucci of Cantor Grana Buckner Bucci
Filed: 6/28/2022
CL22002773

Heather Ostermaier v. Shane McGowan, M.D. and Tidewater Physicians Multispecialty Group, P.C.
Plaintiff says defendants performed a lumbar laminectomy on Dec. 1, 2020, failing to properly place the hardware, and negligently failed to correct the improper placement during revision surgery on Dec. 6 and to diagnose the cause of her continuing radiculopathy in her right leg. Plaintiff says she suffered severe and permanent injuries and was forced to undergo removal of all instrumentation and fusions in April 2021, and seeks judgment of $5 million.
Attorneys: William B. Kilduff of Emroch & Kilduff
Filed: 6/29/2022
CL22002779

Keandrah Winkler v. KarMart LLC
Plaintiff says she purchased a used Hyundai Sonata for $2,800 in cash on Dec. 17, 2021, and defendant has failed to deliver a valid certificate of title and has ignored her repeated demands to cancel the purchase due to the failure. Plaintiff seeks compensatory damages of $5,000, and punitive, $25,000.
Attorneys: Michael C. Litman of Litman PLLC
Filed: 6/27/2022
CL22002853

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Clayton’s Public House, LP d/b/a Clayton’s Public House; and Elizabeth A. Peterson-Gower
Plaintiff says the Los Angeles business is in default of a forward purchase agreement and seeks judgment in the principal amount of $99,846.52.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/14/2022
CL22001993

Ohio Security Insurance Company v. Star Commercial Janitorial Service, Inc.
Plaintiff says defendant has breached its contractual duty to pay workers’ compensation and employer liability insurance policies as due and assessed by audit, owing the principal sum of $43,613.
Attorneys: Matthew D. Huebschman of Shenandoah Legal Group
Filed: 6/15/2022
CL22001999

Kapitus Servicing, Inc. v. MJR Electric Inc. d/b/a MJR Electric Inc.; and MacNair Roza-Junior
Plaintiff says the Massachusetts business is in default of a forward purchase agreement and seeks judgment in the principal amount of $160,510.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/16/2022
CL22002035

Kapitus Servicing, Inc. v. Superior Pump Solutions, LLC d/b/a Superior Pump Solutions; and Shane Stelly
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $147,189.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/16/2022
CL22002036

Charter (E&A), LLC v. Yokatoko Enterprises Midlothian, LLC; Dwight T. Tausz; and Jodi Savage-Tausz
Plaintiff says defendant has defaulted on a lease for commercial space in Charter Colony shopping center at 13901 Midlothian Turnpike, owing $71,994.72 through March 9, 2022.
Attorneys: Christopher B. Bowman and Stephen J. Whelan of Bregman, Berbert, Schwartz & Gilray
Filed: 6/22/2022
CL22002097

JES Operations, LLC n/k/a Groundworks Operations, LLC d/b/a JES Foundation Repair v. Humphrey Exterior Solutions, LLC; Kevin Humphrey; and Keith Humphrey
Plaintiff says Kevin and Keith, former employees, and Humphrey Exterior collectively interfered with plaintiff’s business relations, made misrepresentations to customers and used JES’s name without authorization to advance their own business interests, and have conspired with unnamed JES employees to breach those employees’ fiduciary duties of loyalty to JES in violation of restrictive covenant agreements. Plaintiff seeks compensatory damages of not less than $75,000 and injunctive relief.
Attorneys: Stacey Rose Harris and M. Jarrad Wright of DiMuroGinsberg; and Paul J. Peralta and Ben Shook of Moore & Van Allen
Filed: 6/22/2022
CL22002104

Kapitus Servicing, Inc. v. Cheap Pizza in Taunton, Inc. d/b/a Classic Pizza I; and Jambulat Tkhilaishvili
Plaintiff says the Massachusetts business is in default of a forward purchase agreement and seeks judgment in the principal amount of $77,036.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/23/2022
CL22002110

Henrico Circuit Court

Premium Management LLC v. Sook Corporation
Plaintiff, a distributor of skill-based video games, says defendant, the Super Mart at 1611 Mountain Road, Glen Allen, is in breach of an agreement to pay plaintiff 50 percent of net proceeds from plaintiff’s games installed in the store, and has installed competitive games from other manufacturers. Plaintiff seeks damages of $51,070, and injunctive relief.
Attorneys: Stephen M. Faraci Sr. and Robert N. Drewry of Whiteford, Taylor & Preston
Filed: 6/21/2022
CL22003902

Kapitus Servicing, Inc. v. J Domenico & Son Excavating, Inc. d/b/a J Domenico & Son Excavating, Inc.; and Joseph Domenico
Plaintiff says the New Jersey business is in default of two financial agreements and seeks judgment in the principal amount of $140,896.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/23/2022
CL22003835

Bahen, Inc. d/b/a Servpro of Chesterfield v. Hanson Agency, Inc.
Plaintiff says it provided clean-up and restoration after a fire for defendant property at 207 W. Nine Mile Road and is owed a balance of $43,567.59.
Attorneys: James W. Curry of Nguyen|Ballato
Filed: 6/23/2022
CL22003910

Elizabeth Anne Spacht v. Commonwealth Endodontics, PLLC and Ronald Vranas, DDS
Plaintiff says she suffered a nerve injury during a negligent root canal on Jan. 16, 2020, leading to paresthesia, numbness and pain, and seeks judgment of $2.5 million.
Attorneys: Michele Bartoli Cain and Wallace B. Wason Jr. of Bartoli Cain Wason
Filed: 6/24/2022
CL22003912

James V. Johnson and Shaniqua S. Johnson v. Prince D. Allen Sr. and P.D. Allen Sr., LLC
Plaintiffs say they contracted with defendant for construction of a new home, and on Nov. 19, 2021, paid $50,000 by cashier’s check and diligently pursued a mortgage while construction was ongoing, but defendant informed them on/about May 18, 2022, that he intended to sell the home to someone else and has failed to return the deposit. Plaintiffs seeks specific performance to convey the property to them at the agreed-upon price of $539,880, or compensatory damages of $300,000.
Attorneys: Robert J. Allen of ThorsenAllen
Filed: 6/27/2022
CL22003922

Richmond Circuit Court

Yvette Reed v. Wawa, Inc.
Plaintiff claims damages of $950,000, for injuries she says were incurred in the store at 2415 Staples Mill Road.
Attorneys: Robert W. O’Neal of Cannella & O’Neal
Filed: 6/28/2022
CL22002772

Jeffery Clayton v. Kroger Limited Partnership I; The Kroger Co.; and Kroger
Plaintiff says on July 4, 2020, he slipped on a puddle of liquid in the checkout area at 4816 S. Laburnum Ave., sustaining injuries for which he seeks compensation of $75,000.
Attorneys: M. Scott Bucci of Cantor Grana Buckner Bucci
Filed: 6/28/2022
CL22002773

Heather Ostermaier v. Shane McGowan, M.D. and Tidewater Physicians Multispecialty Group, P.C.
Plaintiff says defendants performed a lumbar laminectomy on Dec. 1, 2020, failing to properly place the hardware, and negligently failed to correct the improper placement during revision surgery on Dec. 6 and to diagnose the cause of her continuing radiculopathy in her right leg. Plaintiff says she suffered severe and permanent injuries and was forced to undergo removal of all instrumentation and fusions in April 2021, and seeks judgment of $5 million.
Attorneys: William B. Kilduff of Emroch & Kilduff
Filed: 6/29/2022
CL22002779

Keandrah Winkler v. KarMart LLC
Plaintiff says she purchased a used Hyundai Sonata for $2,800 in cash on Dec. 17, 2021, and defendant has failed to deliver a valid certificate of title and has ignored her repeated demands to cancel the purchase due to the failure. Plaintiff seeks compensatory damages of $5,000, and punitive, $25,000.
Attorneys: Michael C. Litman of Litman PLLC
Filed: 6/27/2022
CL22002853

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