The Docket: Local court roundup for 12.1.22

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Dependable Equipment Corp d/b/a Dependable Equipment; and Diana Diaz
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $134,545.40.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 11/10/2022
CL22003827

Kapitus Servicing, Inc. v. Architectural Sign Group, Inc. d/b/a Architectural Sign Group; and Abbas Jaffer
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $140,653.25.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 11/10/2022
CL22003828

Elite Window Solutions, LLC v. Timbercreek Building and Design, LLC
Plaintiff says defendant has failed to make payments toward the production and services due for windows provided and installed and seeks judgment of $30,568.74.
Attorneys: David G. Moss
Filed: 11/10/2022
CL22003839

Piedmont National Corporation v. Cyberclean Systems, LLC n/k/a Servus Robots, LLC
Plaintiff says it provided materials and services and is owed $106,355.27.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 11/10/2022
CL22003842

Taylor Rhyne and Linda Ragsdale v. VA Cars Mechanicsville, Inc.
Plaintiffs allege fraud and violations of the Virginia Consumer Protection Act over negotiations for the sale of a 2018 Infinity QX60, but delivery of a different Infinity on April 20, 2022, that had flood damage, and seek judgment of actual damages and punitive, $150,000.
Attorneys: John Cole Gayle Jr. of The Consumer Law Group
Filed: 11/15/2022
CL22003852

Jason Garrett v. Windy Hill Golf Course & Sports Complex, Inc. and Windy Hill Go Karts, Inc.
Plaintiff, a Windy Hill shareholder as of January 2021, says he has been denied permission to inspect and copy the companies’ records, and asks that the court declare him a shareholder and grant his request for inspection and copying.
Attorneys: Brendan D. O’Toole and Joseph E. Blackburn III of Williams Mullen
Filed: 11/16/2022
CL22003871

Mitchell K. and Bridget G. Morris v. Pella Corporation and O’Toole Distribution, Inc. d/b/a Pella Virginia and/or Pella Virginia, Inc.
Plaintiffs in spring 2021 say they purchased two Pella 250 Series Double Sliding Doors with grilles, that the doors were defective and out of specifications, and that replacement panels provided over six visits from January to August 2022, either had the same defects as plaintiffs’ existing doors or were the wrong panels altogether. Plaintiffs allege breach of warranty, negligence and fraud and seek compensatory damages of no less than $50,000, and punitive, $350,000.
Attorneys: Mitchell K. Morris
Filed: 11/21/2022
CL22003932

Henrico Circuit Court

Valerie Pohlsen v. Enterprise Leasing Co of Norfolk/Richmond, LLC d/b/a Enterprise Car Sales
Plaintiff alleges fraud, saying she was tricked into the purchase of a car through the extension credit, though she had already pre-arranged financing for the purchase, and that defendant ultimately failed to properly and timely transfer title of the vehicle, causing plaintiff’s lender to cancel the credit contract, and defendant has refused to refund her down payment and other expenses incurred. Plaintiff seeks compensatory damages of $30,000, and punitive, $200,000.
Attorneys: Michael C. Litman of Litman PLLC
Filed: 11/18/2022
CL22007377

Kapitus Servicing, Inc. v. New Me, Inc. d/b/a New Me/Divinity Recovery; and Lea Hummel
Plaintiff says the California business is in default of two financial agreements and seeks judgment in the principal amount of $130,329.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 11/21/2022
CL22007335

Sai Kakani and Sushma Pakala v. Jarrett L.P. and Drucker & Falk, Inc.
Plaintiffs say they moved into Chelsea Square Apartments on Nov. 30, 2020, and on/about Dec. 1, realized they had been bitten multiple times by bed bugs. Plaintiffs say pest control could not provide treatment until Dec. 15, and that defendant refused alternative accommodations and knew of the infestation before they moved in. Plaintiffs seek damages of $100,000.
Attorneys: Gray B. Broughton of The Broughton Law Firm
Filed: 11/21/2022
CL22007336

Richmond Circuit Court

Earl Mason v. Dennis E. Smith Jr. and Better Built Homes of Virginia, LLC
Plaintiff says defendants have a principal balance due and owing of $142,200 for funds borrowed to construct a duplex on Minor Street.
Attorneys: Michael J. Champlin of Champlin & Associates
Filed: 11/18/2022
CL22004980

Virginia Housing Development Authority v. 400 East Grace Street Limited Partnership d/b/a Grace Place Apartments
Plaintiff says defendant, in November 1999, entered into an Extended Use Regulatory Agreement and Declaration of Restrictive Covenants that provides that defendant will receive low-income housing tax credits in exchange for meeting certain covenants, which prohibits defendant from evicting or terminating the tenancy of an existing tenant without good cause. Plaintiff says defendant has breached the agreement and has filed over a dozen lawsuits alleging that “business-related reasons” merit eviction, which are not “good cause.” Plaintiff seeks an order temporarily and permanently enjoining defendant from evicting tenants for “business” causes, and, in the alternative, imposing damages for its violation of the agreement.
Attorneys: Garrett H. Hooe of McGuireWoods
Filed: 11/21/2022
CL22004981

Jireh Construction Company, Inc. v. J Carter Enterprises LLC and Jerrick Carter Sr.
Plaintiff says defendant is in breach of a promissory note for the purchase of a commercial vehicle and seeks judgment in the principal amount of $29,852.38.
Attorneys: Stephen B. Moncrieffe of Harrell & Chambliss
Filed: 11/21/2022
CL22004983

SRS Distribution Inc. d/b/a Superior Distribution v. Noryab Consulting, LP and Michael A. Bayron
Plaintiff says defendant purchased materials on an open account and there is $45,382.13 due.
Attorneys: Clay S. Hester and Neil E. McCullagh of Spotts Fain; and Patrick M. Sneed of Davis Pickren Seydel & Sneed
Filed: 11/22/2022
CL22005159

Kapitus Servicing, Inc. v. Karen Hofman DVM, LLC d/b/a Maple Leaf Pet Corner; and Karen Hofman
Plaintiff says the Seattle business is in default of a loan agreement and seeks judgment in the principal amount of $135,743.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 11/23/2022
CL22005166

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Dependable Equipment Corp d/b/a Dependable Equipment; and Diana Diaz
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $134,545.40.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 11/10/2022
CL22003827

Kapitus Servicing, Inc. v. Architectural Sign Group, Inc. d/b/a Architectural Sign Group; and Abbas Jaffer
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $140,653.25.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 11/10/2022
CL22003828

Elite Window Solutions, LLC v. Timbercreek Building and Design, LLC
Plaintiff says defendant has failed to make payments toward the production and services due for windows provided and installed and seeks judgment of $30,568.74.
Attorneys: David G. Moss
Filed: 11/10/2022
CL22003839

Piedmont National Corporation v. Cyberclean Systems, LLC n/k/a Servus Robots, LLC
Plaintiff says it provided materials and services and is owed $106,355.27.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 11/10/2022
CL22003842

Taylor Rhyne and Linda Ragsdale v. VA Cars Mechanicsville, Inc.
Plaintiffs allege fraud and violations of the Virginia Consumer Protection Act over negotiations for the sale of a 2018 Infinity QX60, but delivery of a different Infinity on April 20, 2022, that had flood damage, and seek judgment of actual damages and punitive, $150,000.
Attorneys: John Cole Gayle Jr. of The Consumer Law Group
Filed: 11/15/2022
CL22003852

Jason Garrett v. Windy Hill Golf Course & Sports Complex, Inc. and Windy Hill Go Karts, Inc.
Plaintiff, a Windy Hill shareholder as of January 2021, says he has been denied permission to inspect and copy the companies’ records, and asks that the court declare him a shareholder and grant his request for inspection and copying.
Attorneys: Brendan D. O’Toole and Joseph E. Blackburn III of Williams Mullen
Filed: 11/16/2022
CL22003871

Mitchell K. and Bridget G. Morris v. Pella Corporation and O’Toole Distribution, Inc. d/b/a Pella Virginia and/or Pella Virginia, Inc.
Plaintiffs in spring 2021 say they purchased two Pella 250 Series Double Sliding Doors with grilles, that the doors were defective and out of specifications, and that replacement panels provided over six visits from January to August 2022, either had the same defects as plaintiffs’ existing doors or were the wrong panels altogether. Plaintiffs allege breach of warranty, negligence and fraud and seek compensatory damages of no less than $50,000, and punitive, $350,000.
Attorneys: Mitchell K. Morris
Filed: 11/21/2022
CL22003932

Henrico Circuit Court

Valerie Pohlsen v. Enterprise Leasing Co of Norfolk/Richmond, LLC d/b/a Enterprise Car Sales
Plaintiff alleges fraud, saying she was tricked into the purchase of a car through the extension credit, though she had already pre-arranged financing for the purchase, and that defendant ultimately failed to properly and timely transfer title of the vehicle, causing plaintiff’s lender to cancel the credit contract, and defendant has refused to refund her down payment and other expenses incurred. Plaintiff seeks compensatory damages of $30,000, and punitive, $200,000.
Attorneys: Michael C. Litman of Litman PLLC
Filed: 11/18/2022
CL22007377

Kapitus Servicing, Inc. v. New Me, Inc. d/b/a New Me/Divinity Recovery; and Lea Hummel
Plaintiff says the California business is in default of two financial agreements and seeks judgment in the principal amount of $130,329.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 11/21/2022
CL22007335

Sai Kakani and Sushma Pakala v. Jarrett L.P. and Drucker & Falk, Inc.
Plaintiffs say they moved into Chelsea Square Apartments on Nov. 30, 2020, and on/about Dec. 1, realized they had been bitten multiple times by bed bugs. Plaintiffs say pest control could not provide treatment until Dec. 15, and that defendant refused alternative accommodations and knew of the infestation before they moved in. Plaintiffs seek damages of $100,000.
Attorneys: Gray B. Broughton of The Broughton Law Firm
Filed: 11/21/2022
CL22007336

Richmond Circuit Court

Earl Mason v. Dennis E. Smith Jr. and Better Built Homes of Virginia, LLC
Plaintiff says defendants have a principal balance due and owing of $142,200 for funds borrowed to construct a duplex on Minor Street.
Attorneys: Michael J. Champlin of Champlin & Associates
Filed: 11/18/2022
CL22004980

Virginia Housing Development Authority v. 400 East Grace Street Limited Partnership d/b/a Grace Place Apartments
Plaintiff says defendant, in November 1999, entered into an Extended Use Regulatory Agreement and Declaration of Restrictive Covenants that provides that defendant will receive low-income housing tax credits in exchange for meeting certain covenants, which prohibits defendant from evicting or terminating the tenancy of an existing tenant without good cause. Plaintiff says defendant has breached the agreement and has filed over a dozen lawsuits alleging that “business-related reasons” merit eviction, which are not “good cause.” Plaintiff seeks an order temporarily and permanently enjoining defendant from evicting tenants for “business” causes, and, in the alternative, imposing damages for its violation of the agreement.
Attorneys: Garrett H. Hooe of McGuireWoods
Filed: 11/21/2022
CL22004981

Jireh Construction Company, Inc. v. J Carter Enterprises LLC and Jerrick Carter Sr.
Plaintiff says defendant is in breach of a promissory note for the purchase of a commercial vehicle and seeks judgment in the principal amount of $29,852.38.
Attorneys: Stephen B. Moncrieffe of Harrell & Chambliss
Filed: 11/21/2022
CL22004983

SRS Distribution Inc. d/b/a Superior Distribution v. Noryab Consulting, LP and Michael A. Bayron
Plaintiff says defendant purchased materials on an open account and there is $45,382.13 due.
Attorneys: Clay S. Hester and Neil E. McCullagh of Spotts Fain; and Patrick M. Sneed of Davis Pickren Seydel & Sneed
Filed: 11/22/2022
CL22005159

Kapitus Servicing, Inc. v. Karen Hofman DVM, LLC d/b/a Maple Leaf Pet Corner; and Karen Hofman
Plaintiff says the Seattle business is in default of a loan agreement and seeks judgment in the principal amount of $135,743.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 11/23/2022
CL22005166

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