The Docket: Local court roundup for 2.2.23

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Row–And, LLC d/b/a ILoveKickBoxing; and Leonard Anderson
Plaintiff says the Massachusetts business is in default of a forward purchase agreement and seeks judgment in the principal amount of $163,840.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/19/2022
CL23000214

Kapitus Servicing, Inc. v. CPAPRUS, LLC d/b/a Cpap R Us; and Melone Cook
Plaintiff says the Georgia business is in default of a forward purchase agreement and seeks judgment in the principal amount of $104,508.50.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/19/2022
CL23000215

Henrico Circuit Court

Mohamed Z. Torky and Accessible Home Health, LLC v. Rasha R. Elgendy and RSR Home Healthcare LLC
Plaintiff says since 2018, he and Elgendy have each been 50% owners of AHH, and that Elgendy, his wife, has systematically looted the company funds for her own personal use since that time. Plaintiff alleges that defendant, in preparation for her plan to divorce him, illegally diverted funds for her new venture, defendant company RSR, and has blocked his access to all records and clients. Plaintiff alleges conversion and seeks compensatory damages of $500,000, punitive of $350,000, injunctive relief and an accounting of all funds, property and assets.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 1/20/2023
CL23000503

Robin Craft v. 5203 Williamsburg Real Estate Holding, LLC; Choice Hotels International, Inc.; Kalyan Hospitality, LLC; and Kalyan Hospitality II, LLC
Plaintiff says while visiting a resident at the Sandston Inn on/about March 20, 2021, she tripped and fell on an uneven sidewalk, severely injuring her neck. Plaintiff claims damages of $7.5 million.
Attorneys: Daniel Renfro, Katie Freeman and Curtis Hazelton of Renfro & Renfro
Filed: 1/23/2023
CL23000536

Talmon Jones v. Jordan Jefferson and C & E Mechanical Corporation
Plaintiff says he purchased property in Sandston from Jefferson on/about July 29, 2021, that Jefferson had purchased in January 2021 and had remodeled and expanded from 2 bedrooms/1 bath to 4 bedrooms/2 baths. Plaintiff says C & E provided a report in June 2021 indicating that the septic system appeared to be in working order, but unbeknownst to plaintiff, defendant never obtained any permit from Henrico before expanding the home, and the septic system is inadequate to handle the home’s wastewater, generating a foul odor and rendering the home uninhabitable and unsellable. Plaintiff alleges fraud and seeks judgment of $100,000.
Attorneys: John D. Gilbody of MeyerGoergen
Filed: 1/27/2023
CL23000708

Richmond Circuit Court

Sustainable Sea Products International, LLC; SSPI Real Estate Holdings LLC; and SSPI Mid-Atlantic LLC v. Dutton Food Equipment Repair, Inc. and Old Dominion Metal Products, Inc.
Plaintiff says in 2019 Dutton designed, constructed and installed various cooking systems on property at 105 Brook Road, and was general contractor for the project, and Old Dominion designed, fabricated and installed fry line exhaust ventilation and other metal components. On June 5, 2020, plaintiff says a fire started above the fry line cooking unit, resulting in damage to real property, business property and inventory, as well as significant business interruption and loss of income. Plaintiff alleges negligence in design, construction and installation and seeks damages of $10 million.
Attorneys: C. Jay Robbins IV; and Matthew S. McLean of Thompson, Brody and Kaplan
Filed: 1/23/2023
CL23000223

Michael J. Gilbert v. Richmond Metropolitan Habitat for Humanity, Inc.
Plaintiff says on/about June 13, 2021, he was operating a bicycle, traveling west on Winder Street and its adjacent sidewalk at/near the intersection with Sumpter Street, and because defendant had negligently placed construction materials on top of a fence into the right-of-way, he was caused to suffer severe and permanent injuries. Plaintiff asks judgment of $1 million.
Attorneys: William P. Hanson Jr. of Emroch & Kilduff
Filed: 1/19/2023
CL23000238

Pauline Ann Davis v. Commonwealth Club
Plaintiff says on/about Oct. 28, 2021, she was attending a funeral reception in the exterior courtyard/patio of the private club at 401 W. Franklin St., when she was caused to fall over an entranceway/exit and door threshold, sustaining severe and permanent injuries. Plaintiff asks judgment of $20 million.
Attorneys: William B. Kilduff and Philip S. Marstiller Jr. of Emroch & Kilduff
Filed: 1/19/2023
CL23000408

13 S. 13th Street LLC v. Pride Technologies, Inc.
Plaintiff says defendant leased property in June 2021, with a lease ending Nov. 30, 2024, but as of/about Sept. 29, 2022, prematurely vacated the premises, defaulting on the lease. Plaintiff seeks rent, restoration and re-letting costs of $151,344.05.
Attorneys: Genevieve Bradley of Roth Jackson Gibbons Condlin
Filed: 1/20/2023
CL23000409

Alecia Nelson v. Graham Lang, individually and in his capacity of a police officer for the City of Richmond; City of Richmond; Norman Edward “Eddie” Bowman; and Family Dollar
Plaintiff says on March 7, 2022, she entered the Family Dollar at 1208 Westover Hills Boulevard to purchase items for her child’s classroom, and Lang arrived after being dispatched by store manager Bowman, who falsely accused her of shoplifting. Plaintiff says Lang did not ask to see her purchase receipt(s) or otherwise explain why he was accosting her, and violently grabbed her and wrestled her to the ground, causing severe and disabling injuries, and took unlawful possession of her purse and personal belongings. Plaintiff alleges false imprisonment, malicious prosecution, illegal search, and defamation, as the incident was reported and republished throughout the community. Plaintiff seeks compensatory damages of $2.5 million, and punitive, $350,000.
Attorneys: William B. Kilduff and Philip S. Marstiller Jr. of Emroch & Kilduff
Filed: 1/23/2023
CL23000417

111 East Broad, LLC v. Commonwealth Architects, P.C.
Plaintiff says defendant was engaged to renovate and rehabilitate a 3-story building at 111 E. Broad St., and failed to timely start and finish, creating numerous overruns to the project budget and schedule, and it discovered in the spring of 2020 that The Trent Co., which it had engaged as general contractor, failed to construct the project in accordance with defendant’s drawings and specifications in accordance with applicable building code, at least in part due to defendant’s failure to sufficiently monitor Trent and its subs, and failure to render correct advice regarding compliance with building code. Plaintiff says structural and fire-rating issues should have been discovered by defendant, and because of the failures, the building is uninhabitable. Plaintiff alleges breach of professional and contractual duty and seeks judgment of $1.5 million.
Attorneys: William R. Mauck Jr., Patricia J. Bugg Turner and Clay S. Hester of Spotts Fain
Filed: 1/25/2023
CL23000432

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Row–And, LLC d/b/a ILoveKickBoxing; and Leonard Anderson
Plaintiff says the Massachusetts business is in default of a forward purchase agreement and seeks judgment in the principal amount of $163,840.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/19/2022
CL23000214

Kapitus Servicing, Inc. v. CPAPRUS, LLC d/b/a Cpap R Us; and Melone Cook
Plaintiff says the Georgia business is in default of a forward purchase agreement and seeks judgment in the principal amount of $104,508.50.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/19/2022
CL23000215

Henrico Circuit Court

Mohamed Z. Torky and Accessible Home Health, LLC v. Rasha R. Elgendy and RSR Home Healthcare LLC
Plaintiff says since 2018, he and Elgendy have each been 50% owners of AHH, and that Elgendy, his wife, has systematically looted the company funds for her own personal use since that time. Plaintiff alleges that defendant, in preparation for her plan to divorce him, illegally diverted funds for her new venture, defendant company RSR, and has blocked his access to all records and clients. Plaintiff alleges conversion and seeks compensatory damages of $500,000, punitive of $350,000, injunctive relief and an accounting of all funds, property and assets.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 1/20/2023
CL23000503

Robin Craft v. 5203 Williamsburg Real Estate Holding, LLC; Choice Hotels International, Inc.; Kalyan Hospitality, LLC; and Kalyan Hospitality II, LLC
Plaintiff says while visiting a resident at the Sandston Inn on/about March 20, 2021, she tripped and fell on an uneven sidewalk, severely injuring her neck. Plaintiff claims damages of $7.5 million.
Attorneys: Daniel Renfro, Katie Freeman and Curtis Hazelton of Renfro & Renfro
Filed: 1/23/2023
CL23000536

Talmon Jones v. Jordan Jefferson and C & E Mechanical Corporation
Plaintiff says he purchased property in Sandston from Jefferson on/about July 29, 2021, that Jefferson had purchased in January 2021 and had remodeled and expanded from 2 bedrooms/1 bath to 4 bedrooms/2 baths. Plaintiff says C & E provided a report in June 2021 indicating that the septic system appeared to be in working order, but unbeknownst to plaintiff, defendant never obtained any permit from Henrico before expanding the home, and the septic system is inadequate to handle the home’s wastewater, generating a foul odor and rendering the home uninhabitable and unsellable. Plaintiff alleges fraud and seeks judgment of $100,000.
Attorneys: John D. Gilbody of MeyerGoergen
Filed: 1/27/2023
CL23000708

Richmond Circuit Court

Sustainable Sea Products International, LLC; SSPI Real Estate Holdings LLC; and SSPI Mid-Atlantic LLC v. Dutton Food Equipment Repair, Inc. and Old Dominion Metal Products, Inc.
Plaintiff says in 2019 Dutton designed, constructed and installed various cooking systems on property at 105 Brook Road, and was general contractor for the project, and Old Dominion designed, fabricated and installed fry line exhaust ventilation and other metal components. On June 5, 2020, plaintiff says a fire started above the fry line cooking unit, resulting in damage to real property, business property and inventory, as well as significant business interruption and loss of income. Plaintiff alleges negligence in design, construction and installation and seeks damages of $10 million.
Attorneys: C. Jay Robbins IV; and Matthew S. McLean of Thompson, Brody and Kaplan
Filed: 1/23/2023
CL23000223

Michael J. Gilbert v. Richmond Metropolitan Habitat for Humanity, Inc.
Plaintiff says on/about June 13, 2021, he was operating a bicycle, traveling west on Winder Street and its adjacent sidewalk at/near the intersection with Sumpter Street, and because defendant had negligently placed construction materials on top of a fence into the right-of-way, he was caused to suffer severe and permanent injuries. Plaintiff asks judgment of $1 million.
Attorneys: William P. Hanson Jr. of Emroch & Kilduff
Filed: 1/19/2023
CL23000238

Pauline Ann Davis v. Commonwealth Club
Plaintiff says on/about Oct. 28, 2021, she was attending a funeral reception in the exterior courtyard/patio of the private club at 401 W. Franklin St., when she was caused to fall over an entranceway/exit and door threshold, sustaining severe and permanent injuries. Plaintiff asks judgment of $20 million.
Attorneys: William B. Kilduff and Philip S. Marstiller Jr. of Emroch & Kilduff
Filed: 1/19/2023
CL23000408

13 S. 13th Street LLC v. Pride Technologies, Inc.
Plaintiff says defendant leased property in June 2021, with a lease ending Nov. 30, 2024, but as of/about Sept. 29, 2022, prematurely vacated the premises, defaulting on the lease. Plaintiff seeks rent, restoration and re-letting costs of $151,344.05.
Attorneys: Genevieve Bradley of Roth Jackson Gibbons Condlin
Filed: 1/20/2023
CL23000409

Alecia Nelson v. Graham Lang, individually and in his capacity of a police officer for the City of Richmond; City of Richmond; Norman Edward “Eddie” Bowman; and Family Dollar
Plaintiff says on March 7, 2022, she entered the Family Dollar at 1208 Westover Hills Boulevard to purchase items for her child’s classroom, and Lang arrived after being dispatched by store manager Bowman, who falsely accused her of shoplifting. Plaintiff says Lang did not ask to see her purchase receipt(s) or otherwise explain why he was accosting her, and violently grabbed her and wrestled her to the ground, causing severe and disabling injuries, and took unlawful possession of her purse and personal belongings. Plaintiff alleges false imprisonment, malicious prosecution, illegal search, and defamation, as the incident was reported and republished throughout the community. Plaintiff seeks compensatory damages of $2.5 million, and punitive, $350,000.
Attorneys: William B. Kilduff and Philip S. Marstiller Jr. of Emroch & Kilduff
Filed: 1/23/2023
CL23000417

111 East Broad, LLC v. Commonwealth Architects, P.C.
Plaintiff says defendant was engaged to renovate and rehabilitate a 3-story building at 111 E. Broad St., and failed to timely start and finish, creating numerous overruns to the project budget and schedule, and it discovered in the spring of 2020 that The Trent Co., which it had engaged as general contractor, failed to construct the project in accordance with defendant’s drawings and specifications in accordance with applicable building code, at least in part due to defendant’s failure to sufficiently monitor Trent and its subs, and failure to render correct advice regarding compliance with building code. Plaintiff says structural and fire-rating issues should have been discovered by defendant, and because of the failures, the building is uninhabitable. Plaintiff alleges breach of professional and contractual duty and seeks judgment of $1.5 million.
Attorneys: William R. Mauck Jr., Patricia J. Bugg Turner and Clay S. Hester of Spotts Fain
Filed: 1/25/2023
CL23000432

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