The Docket: Local court roundup for 9.1.22

Chesterfield Circuit Court

Diana F. Edwards v. MEM Victoria Realty SPE, LLC
Plaintiff claims damages of $250,000, saying on Dec. 17, 2020, she slipped on black ice in the parking lot of Victoria Square, falling violently to the ground and sustaining serious injuries.
Attorneys: William R. “Rob” Sievers of Marks & Harrison
Filed: 8/25/2022
CL22002883

CPG Partners, LP v. Bhatti, LLC d/b/a Auntie Anne’s; Bilal Bhatti; and Prema Sap
Plaintiff says defendants, on/about Aug. 26, 2015, leased premises at Osage Beach Premium Outlets in Osage Beach, Missouri, that was to continue until April 30, 2026, but beginning Sept. 1, 2021, failed to make full payments, a situation continuing through April 2022, and vacated the premises on/about March 9, 2022. Plaintiff asks judgment of $75,000.
Attorneys: L. Denise Reverski and C. Stephen Setliff of Setliff Law
Filed: 8/25/2022
CL22002884

Henrico Circuit Court

Alan R. Carney and Mariah C. Carney v. CCRII Holdings LLC t/a Center Creek Homes
Plaintiff says defendant was contracted in July 2021 to construct a new single-family home on River Road, and for reasons unknown to plaintiff, submitted plans to the County of Henrico for approval which differed materially in several aspects from the selection sheet, and plaintiff did not realize the discrepancies until April 2022 when construction of the front porch commenced. Plaintiff says it subsequently discovered that defendant unilaterally made additional changes to the builder’s plan which differed from the plans approved by the county, and defendant has refused to remedy the discrepancies. Plaintiff seeks an order that defendant be compelled to fully comply with the provisions of the contract and all addenda and to satisfy any and all deeds of trust, liens and tax liabilities encumbering the property, or in the alternative, the principal sum of $1.5 million.
Attorneys: Bryan K. Streeter of The Law Office of Bryan K. Streeter
Filed: 8/16/2022
CL22005067

Virginia Housing Development Authority v. Apex Glenwood VA LLC
Plaintiff says beginning November 2003, parties entered into an Extended Use Regulatory Agreement and Declaration of Restrictive Covenants for four parcels of land in Henrico, developed into a multi-family rental development of ~290 residential dwellings, Glenwood Farms, and that defendant would receive federal low-income housing tax credits in exchange for meeting certain covenants. Plaintiff says defendant has breached the requirement that Glenwood Farms be suitable for occupancy and that potentially life-threatening issues and code violations have been identified which defendant has failed to rectify. Plaintiff seeks a permanent injunction requiring defendant to prospectively and continuously comply with the EUA, and to rectify all violations of building code.
Attorneys: Garrett H. Hooe of McGuireWoods
Filed: 8/17/2022
CL22005131

Kapitus Servicing, Inc. v. Dr. John D. McKenna, Optometrist, LLC d/b/a McKenna Family Eye Care; and John McKenna II
Plaintiff says the Indianapolis business is in default of a loan agreement and seeks judgment in the principal amount of $150,925.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 8/24/2022
CL22005276

Strategic Funding Source, Inc. v. Gillett Rig LLC d/b/a Superior Diesel
Plaintiff says the New Mexico business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $105,924.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 8/24/2022
CL22005277

Strategic Funding Source, Inc. v. Oasis Home Care of Broward, Inc. d/b/a Oasis Home Care of Broward; Haven HHC9, LLC d/b/a Oasis Home Care of Broward; Haven HHC10, LLC d/b/a Oasis Home Care of Broward; and Matthew Saagman
Plaintiff says the Michigan business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $129,842.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 8/24/2022
CL22005279

John G. Dunbar v. Virginia Baptist Homes, Incorporated a/k/a LifeSpire of Virginia a/k/a LifeSpire of Virginia, LLC a/k/a The Glebe
Plaintiff says on Jan. 24, 2022, defendant’s employee failed to position himself correctly in relation to plaintiff while plaintiff was transitioning between the restroom and his bed, causing plaintiff to fall. Plaintiff seeks compensatory damages of $1 million.
Attorneys: D. Adam McKelvey of Crandall & Katt
Filed: 8/24/2022
CL22005281

Acuity, a Mutual Insurance Company v. A & J Multiservices LLC
Plaintiff says defendant has failed to pay liability and workers compensation policies, owing a balance of $26,198.
Attorneys: David H. Gouger
Filed: 8/24/2022
CL22005288

Richmond Circuit Court

State Farm Fire and Casualty Company a/s/o Michael Jumilla v. Smoko, Inc.
Plaintiff says a mini-fridge put into operation Dec. 25, 2020, in insured’s home failed on June 22, 2021, due to its flawed electrical components, causing fire damage in the amount of $103,453.14.
Attorneys: John P. Williamson of McKenry Dancigers Dawson
Filed: 8/18/2022
CL22003661

Kimberly Jones, administrator of the estate of Elizabeth Harris, deceased v. The Laurels of University Park, LLC d/b/a The Laurels of University Park; Laurel Health Care Company; Laurel Healthcase Holdings, Inc., LHCC Properties, LLC; and Omega Walton, R.N.
Plaintiff says defendant allowed decedent to develop a sacral pressure ulcer while in their care in October 2020, and she began to deteriorate, dying on Nov. 5. Plaintiff seeks judgment of $4 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 8/19/2022
CL22003672

Marathon Resource Management Group, LLC t/a The Marathon Group v. G & V Tree Service, Inc.
Plaintiff says defendant, as a subcontractor, provided ice treatment and snow removal services in Fairfax County in January and February 2021 for plaintiff’s client, the County Department of Housing & Community Development, and invoices defendant submitted, generally the amount of labor and materials used, were disputed by the client. Plaintiff alleges that defendant contacted the client after the claim was denied and engaged in additional communications over the non-payment, which was expressly prohibited, and also directly solicited the county in violation of its contract. Plaintiff seeks judgment of $305,929.
Attorneys: Adam J. Deno
Filed: 8/22/2022
CL22003860

William P. Laffoon and Susan W. Laffoon v, Shockoe Realty Ventures, LLC; Environstruct, LLC; and Subgallagher Investment Trust
Plaintiffs says their residential property at 303 Cedar St. was damaged by construction of a 178-unit apartment building on an adjacent lot because defendants failed to complete an operational storm water retention system and failed to properly install/maintain a perimeter siltation fence. Plaintiffs claim damages of $250,000.
Attorneys: Henry W. McLaughlin of The Law Office of Henry McLaughlin
Filed: 8/22/2022
CL22003861

Atlantic Wave Holdings, LLC and Secure Community, LLC v. Cyberlux Corporation and Mark D. Schmidt
Plaintiffs say on July 15, 2019, Cyberlux (CYBL) and Secure Community (SC) entered into a valid and enforceable patent license agreement to grant SC an exclusive 25-year license and all rights of ownership associated with CYBL’s confidential and valuable information about lighting systems, related patents and other know-how, and on Oct. 8, 2021, the parties entered into a second agreement which allowed CYBL to regain conditional access to the IP and trade secrets on certain terms contingent on 48 installment payments of $22,500, after an initial payment of $120,000, beginning Jan.1, 2022, through Jan. 1, 2026, a revenue share, audit rights and negotiable shares. Plaintiffs say defendant is in default on the payments, failed to pay the revenue share, and upon information and belief, from Oct. 8, 2021, through the present, is generating income by utilizing the IP and trade secrets that were held exclusively by SC. Plaintiffs say defendants have failed to make CYBL shares marketable, as promised, causing substantial damage to plaintiffs, which cannot sell the shares. Plaintiffs seek judgment compelling an audit, and a judgment in favor of Atlantic Wave Holdings for $6,017,250, and for SC, of $4 million.
Attorneys: W. Benjamin Pace and Justin S. Feinman of Williams Mullen
Filed: 8/24/2022
22003882

Chesterfield Circuit Court

Diana F. Edwards v. MEM Victoria Realty SPE, LLC
Plaintiff claims damages of $250,000, saying on Dec. 17, 2020, she slipped on black ice in the parking lot of Victoria Square, falling violently to the ground and sustaining serious injuries.
Attorneys: William R. “Rob” Sievers of Marks & Harrison
Filed: 8/25/2022
CL22002883

CPG Partners, LP v. Bhatti, LLC d/b/a Auntie Anne’s; Bilal Bhatti; and Prema Sap
Plaintiff says defendants, on/about Aug. 26, 2015, leased premises at Osage Beach Premium Outlets in Osage Beach, Missouri, that was to continue until April 30, 2026, but beginning Sept. 1, 2021, failed to make full payments, a situation continuing through April 2022, and vacated the premises on/about March 9, 2022. Plaintiff asks judgment of $75,000.
Attorneys: L. Denise Reverski and C. Stephen Setliff of Setliff Law
Filed: 8/25/2022
CL22002884

Henrico Circuit Court

Alan R. Carney and Mariah C. Carney v. CCRII Holdings LLC t/a Center Creek Homes
Plaintiff says defendant was contracted in July 2021 to construct a new single-family home on River Road, and for reasons unknown to plaintiff, submitted plans to the County of Henrico for approval which differed materially in several aspects from the selection sheet, and plaintiff did not realize the discrepancies until April 2022 when construction of the front porch commenced. Plaintiff says it subsequently discovered that defendant unilaterally made additional changes to the builder’s plan which differed from the plans approved by the county, and defendant has refused to remedy the discrepancies. Plaintiff seeks an order that defendant be compelled to fully comply with the provisions of the contract and all addenda and to satisfy any and all deeds of trust, liens and tax liabilities encumbering the property, or in the alternative, the principal sum of $1.5 million.
Attorneys: Bryan K. Streeter of The Law Office of Bryan K. Streeter
Filed: 8/16/2022
CL22005067

Virginia Housing Development Authority v. Apex Glenwood VA LLC
Plaintiff says beginning November 2003, parties entered into an Extended Use Regulatory Agreement and Declaration of Restrictive Covenants for four parcels of land in Henrico, developed into a multi-family rental development of ~290 residential dwellings, Glenwood Farms, and that defendant would receive federal low-income housing tax credits in exchange for meeting certain covenants. Plaintiff says defendant has breached the requirement that Glenwood Farms be suitable for occupancy and that potentially life-threatening issues and code violations have been identified which defendant has failed to rectify. Plaintiff seeks a permanent injunction requiring defendant to prospectively and continuously comply with the EUA, and to rectify all violations of building code.
Attorneys: Garrett H. Hooe of McGuireWoods
Filed: 8/17/2022
CL22005131

Kapitus Servicing, Inc. v. Dr. John D. McKenna, Optometrist, LLC d/b/a McKenna Family Eye Care; and John McKenna II
Plaintiff says the Indianapolis business is in default of a loan agreement and seeks judgment in the principal amount of $150,925.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 8/24/2022
CL22005276

Strategic Funding Source, Inc. v. Gillett Rig LLC d/b/a Superior Diesel
Plaintiff says the New Mexico business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $105,924.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 8/24/2022
CL22005277

Strategic Funding Source, Inc. v. Oasis Home Care of Broward, Inc. d/b/a Oasis Home Care of Broward; Haven HHC9, LLC d/b/a Oasis Home Care of Broward; Haven HHC10, LLC d/b/a Oasis Home Care of Broward; and Matthew Saagman
Plaintiff says the Michigan business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $129,842.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 8/24/2022
CL22005279

John G. Dunbar v. Virginia Baptist Homes, Incorporated a/k/a LifeSpire of Virginia a/k/a LifeSpire of Virginia, LLC a/k/a The Glebe
Plaintiff says on Jan. 24, 2022, defendant’s employee failed to position himself correctly in relation to plaintiff while plaintiff was transitioning between the restroom and his bed, causing plaintiff to fall. Plaintiff seeks compensatory damages of $1 million.
Attorneys: D. Adam McKelvey of Crandall & Katt
Filed: 8/24/2022
CL22005281

Acuity, a Mutual Insurance Company v. A & J Multiservices LLC
Plaintiff says defendant has failed to pay liability and workers compensation policies, owing a balance of $26,198.
Attorneys: David H. Gouger
Filed: 8/24/2022
CL22005288

Richmond Circuit Court

State Farm Fire and Casualty Company a/s/o Michael Jumilla v. Smoko, Inc.
Plaintiff says a mini-fridge put into operation Dec. 25, 2020, in insured’s home failed on June 22, 2021, due to its flawed electrical components, causing fire damage in the amount of $103,453.14.
Attorneys: John P. Williamson of McKenry Dancigers Dawson
Filed: 8/18/2022
CL22003661

Kimberly Jones, administrator of the estate of Elizabeth Harris, deceased v. The Laurels of University Park, LLC d/b/a The Laurels of University Park; Laurel Health Care Company; Laurel Healthcase Holdings, Inc., LHCC Properties, LLC; and Omega Walton, R.N.
Plaintiff says defendant allowed decedent to develop a sacral pressure ulcer while in their care in October 2020, and she began to deteriorate, dying on Nov. 5. Plaintiff seeks judgment of $4 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 8/19/2022
CL22003672

Marathon Resource Management Group, LLC t/a The Marathon Group v. G & V Tree Service, Inc.
Plaintiff says defendant, as a subcontractor, provided ice treatment and snow removal services in Fairfax County in January and February 2021 for plaintiff’s client, the County Department of Housing & Community Development, and invoices defendant submitted, generally the amount of labor and materials used, were disputed by the client. Plaintiff alleges that defendant contacted the client after the claim was denied and engaged in additional communications over the non-payment, which was expressly prohibited, and also directly solicited the county in violation of its contract. Plaintiff seeks judgment of $305,929.
Attorneys: Adam J. Deno
Filed: 8/22/2022
CL22003860

William P. Laffoon and Susan W. Laffoon v, Shockoe Realty Ventures, LLC; Environstruct, LLC; and Subgallagher Investment Trust
Plaintiffs says their residential property at 303 Cedar St. was damaged by construction of a 178-unit apartment building on an adjacent lot because defendants failed to complete an operational storm water retention system and failed to properly install/maintain a perimeter siltation fence. Plaintiffs claim damages of $250,000.
Attorneys: Henry W. McLaughlin of The Law Office of Henry McLaughlin
Filed: 8/22/2022
CL22003861

Atlantic Wave Holdings, LLC and Secure Community, LLC v. Cyberlux Corporation and Mark D. Schmidt
Plaintiffs say on July 15, 2019, Cyberlux (CYBL) and Secure Community (SC) entered into a valid and enforceable patent license agreement to grant SC an exclusive 25-year license and all rights of ownership associated with CYBL’s confidential and valuable information about lighting systems, related patents and other know-how, and on Oct. 8, 2021, the parties entered into a second agreement which allowed CYBL to regain conditional access to the IP and trade secrets on certain terms contingent on 48 installment payments of $22,500, after an initial payment of $120,000, beginning Jan.1, 2022, through Jan. 1, 2026, a revenue share, audit rights and negotiable shares. Plaintiffs say defendant is in default on the payments, failed to pay the revenue share, and upon information and belief, from Oct. 8, 2021, through the present, is generating income by utilizing the IP and trade secrets that were held exclusively by SC. Plaintiffs say defendants have failed to make CYBL shares marketable, as promised, causing substantial damage to plaintiffs, which cannot sell the shares. Plaintiffs seek judgment compelling an audit, and a judgment in favor of Atlantic Wave Holdings for $6,017,250, and for SC, of $4 million.
Attorneys: W. Benjamin Pace and Justin S. Feinman of Williams Mullen
Filed: 8/24/2022
22003882

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