The Docket: Local court roundup for 3.30.23

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Stratmar Systems, Inc. d/b/a Stratmar Retail Services; Stratmar Financial Retail Coverage, LLC d/b/a Stratmar Retail Services; and Kerri Charas
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $198,827.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/21/2023
CL23001041

Kapitus Servicing, Inc. v. BIC Ventures, LLC d/b/a Seasons Innovative Bar & Grille; and Sharon Little
Plaintiff says the Tennessee business is in default of a forward purchase agreement and seeks judgment in the principal amount of $127,537.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/21/2023
CL23001044

Victory Packaging v. Kloke Enterprises, Inc.
Plaintiff says it provided goods and services and defendant has failed to pay the $99,623.96 due.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 3/22/2023
CL23001070

Henrico Circuit Court

ABL Alliance, LLLP d/b/a Hippo Lending v. Pacific Northwest Aesthetics Center, PLLC and Aloysius Fobi
Plaintiff says the Oregon business is in default of a promissory note and seeks judgment in the principal sum of $705,151.63.
Attorneys: Andrew Biondi and Klementina V. Pavlova of Sands Anderson
Filed: 3/17/2023
CL23002056

Kapitus Servicing, Inc. v. Century Builders Management, Inc. d/b/a Century Builders Management; and Gustavo Reyes
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $116,950.
Attorneys: Nhon H. Nguyen and C. Daniel Waters of Nguyen|Ballato
Filed: 3/20/2023
CL23002129

Lizbeth Guadalupe, administrator of the estate of Luciano Guadalupe-Rivera, deceased v. HCA Physician Services, Inc.; Columbia Healthcare of Central Virginia, Inc. d/b/a Surgical Associates of Richmond; and Brian Chen, M.D.
Plaintiff says negligence and failures on Jan. 28, 2022, during a planned aortic aneurysm repair, led to deceased’s death on Jan. 29. Plaintiff seeks judgment of $1 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 3/21/2023
CL23002152

Mark Montgomery v. Aspen Dental of Virginia, P.C.; Dennis Kantanen, DDS, M.S.; and John Nauss, DMD
Plaintiff says he sustained damages and disfigurement between July 30, 2020, and April 6, 2021, requiring rehabilitative treatment when defendants failed to properly execute implant treatment for dentures. Plaintiff claims damages of $500,000.
Attorneys: Michele Bartoli Cain and Charles Rothermal of Shulman, Rogers, Gandal, Pordy & Ecker
Filed: 3/22/2023
CL23002189

Jennifer McNamara v. Bass Pro Outdoor World, L.L.C.
Plaintiff says she was a contractor at the Ashland facility on/about Sept. 13, 2021, and while performing her work was required to walk across a walkway/catwalk above the fish tanks when she fell into a hole that defendants knew existed and sustained permanent injuries to her lower right extremity. Plaintiff asks judgment of $10 million.
Attorneys: John M. Cooper and Bailey L. Gifford of Cooper Hurley Injury Lawyers
Filed: 3/22/2023
CL23002191

Olivia Mason v. J.C. Penney Corporation, Inc.; Penney Opco LLC d/b/a J.C. Penney Salon d/b/a Penney Opco Styling Salon; and Elizabeth Brown
Plaintiff says on/about March 29, 2021, at the salon in Colonial Heights, Brown improperly used both bleach and hair dye on her hair, causing her to lose a large portion of hair. Plaintiff asks judgment of $60,000.
Attorneys: Brooke Alexander of River Run Law
Filed: 3/23/2023
CL23002213

Richmond Circuit Court

Jerald Council v. Old Dominion Pathology Associates, PLLC and Sara Mustafa, M.D.
Plaintiff says because Mustafa misinterpreted results of a test on his thyroid, he underwent a total thyroidectomy on April 6, 2021, when he did not have a malignant carcinoma. Plaintiff says he continues to suffer from the damages and seeks judgment of $5 million.
Attorneys: Seth Carroll and Melisa Azak of Commonwealth Law Group; and Brewster S. Rawls of Rawls Law Group
Filed: 3/13/2023
CL23001314

Brandon Shifflett v. Potomac Shores Residential Association, Inc.; Harbor Station Ventures, LLC; and Harbor Station Communities, LLC
Plaintiff says defendants allowed a dangerous condition to exist in the sidewalk in Prince William County and allowed it to remain unrepaired, and as a result, he was injured. Plaintiff claims damages of $500,000.
Attorneys: Brody H. Reid and Bradford E. Goodwin of Reid Goodwin
Filed: 3/13/2023
CL23001315

Arco Iris Latino Market, Inc. v. Robert Cerdas Esteller and Deluxe Construction, LLC f/k/a RSC Construction, LLC
Plaintiff, which cashes payroll and other checks, says between March 22, 2021, and June 1, 2021, personally and while acting within the scope and course of his employment with RSC Construction, Cerdas would take checks issued in payment to RSC and deposit them into RSC and/or his bank account at Atlantic Union using the bank’s mobile banking application, and then shortly thereafter, would take the same checks to plaintiff, endorse and transfer the previously deposited checks to plaintiff to negotiate, and accept payment from plaintiff for the checks. Plaintiff says it would then deposit the checks into its Atlantic Union account, believing they were valid. Plaintiff says due to a glitch in Atlantic Union’s check processing department, the bank did not issue any notices that the checks were dishonored and could not figure out why the bank was debiting monies from its accounts. Plaintiff says defendants double deposited $138,325, which Cerdas said he would repay, but to date, only $26,000 has been repaid. Plaintiff seeks $112,325 in compensatory damages, and $350,000, punitive.
Attorneys: Jonathan M. Arthur of Thomas H. Roberts & Associates
Filed: 3/14/2023
CL23001318

Daniel Ambrose v. Foundation Building Materials, LLC; FBM Southeast, LLC; Foundation Building Materials; John Doe Company; DeAndre McKnight-Williams; and John Doe
Plaintiff says on May 12, 2021, he was on a job site where drywall was being installed, when an overloaded drywall cart/trolley under the control of defendants overturned on him, crushing his lower extremity, and causing significant disability. Plaintiff alleges negligence and seeks judgment of $2.5 million.
Attorneys: Michael R. Krol and Robert G. Maury of The Law Office of Maury & Krol; and Emmet D. Alexander of The Alexander Law Group
Filed: 3/15/2023
CL23001325

Atlantic Union Bank v. Williams Tree Service, LLC and Gregory T. Williams
This is a confessed judgment of $504,667.10.
Attorneys: Michael E. Walsh
Filed: 3/15/2023
CL23001357

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Stratmar Systems, Inc. d/b/a Stratmar Retail Services; Stratmar Financial Retail Coverage, LLC d/b/a Stratmar Retail Services; and Kerri Charas
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $198,827.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/21/2023
CL23001041

Kapitus Servicing, Inc. v. BIC Ventures, LLC d/b/a Seasons Innovative Bar & Grille; and Sharon Little
Plaintiff says the Tennessee business is in default of a forward purchase agreement and seeks judgment in the principal amount of $127,537.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/21/2023
CL23001044

Victory Packaging v. Kloke Enterprises, Inc.
Plaintiff says it provided goods and services and defendant has failed to pay the $99,623.96 due.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 3/22/2023
CL23001070

Henrico Circuit Court

ABL Alliance, LLLP d/b/a Hippo Lending v. Pacific Northwest Aesthetics Center, PLLC and Aloysius Fobi
Plaintiff says the Oregon business is in default of a promissory note and seeks judgment in the principal sum of $705,151.63.
Attorneys: Andrew Biondi and Klementina V. Pavlova of Sands Anderson
Filed: 3/17/2023
CL23002056

Kapitus Servicing, Inc. v. Century Builders Management, Inc. d/b/a Century Builders Management; and Gustavo Reyes
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $116,950.
Attorneys: Nhon H. Nguyen and C. Daniel Waters of Nguyen|Ballato
Filed: 3/20/2023
CL23002129

Lizbeth Guadalupe, administrator of the estate of Luciano Guadalupe-Rivera, deceased v. HCA Physician Services, Inc.; Columbia Healthcare of Central Virginia, Inc. d/b/a Surgical Associates of Richmond; and Brian Chen, M.D.
Plaintiff says negligence and failures on Jan. 28, 2022, during a planned aortic aneurysm repair, led to deceased’s death on Jan. 29. Plaintiff seeks judgment of $1 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 3/21/2023
CL23002152

Mark Montgomery v. Aspen Dental of Virginia, P.C.; Dennis Kantanen, DDS, M.S.; and John Nauss, DMD
Plaintiff says he sustained damages and disfigurement between July 30, 2020, and April 6, 2021, requiring rehabilitative treatment when defendants failed to properly execute implant treatment for dentures. Plaintiff claims damages of $500,000.
Attorneys: Michele Bartoli Cain and Charles Rothermal of Shulman, Rogers, Gandal, Pordy & Ecker
Filed: 3/22/2023
CL23002189

Jennifer McNamara v. Bass Pro Outdoor World, L.L.C.
Plaintiff says she was a contractor at the Ashland facility on/about Sept. 13, 2021, and while performing her work was required to walk across a walkway/catwalk above the fish tanks when she fell into a hole that defendants knew existed and sustained permanent injuries to her lower right extremity. Plaintiff asks judgment of $10 million.
Attorneys: John M. Cooper and Bailey L. Gifford of Cooper Hurley Injury Lawyers
Filed: 3/22/2023
CL23002191

Olivia Mason v. J.C. Penney Corporation, Inc.; Penney Opco LLC d/b/a J.C. Penney Salon d/b/a Penney Opco Styling Salon; and Elizabeth Brown
Plaintiff says on/about March 29, 2021, at the salon in Colonial Heights, Brown improperly used both bleach and hair dye on her hair, causing her to lose a large portion of hair. Plaintiff asks judgment of $60,000.
Attorneys: Brooke Alexander of River Run Law
Filed: 3/23/2023
CL23002213

Richmond Circuit Court

Jerald Council v. Old Dominion Pathology Associates, PLLC and Sara Mustafa, M.D.
Plaintiff says because Mustafa misinterpreted results of a test on his thyroid, he underwent a total thyroidectomy on April 6, 2021, when he did not have a malignant carcinoma. Plaintiff says he continues to suffer from the damages and seeks judgment of $5 million.
Attorneys: Seth Carroll and Melisa Azak of Commonwealth Law Group; and Brewster S. Rawls of Rawls Law Group
Filed: 3/13/2023
CL23001314

Brandon Shifflett v. Potomac Shores Residential Association, Inc.; Harbor Station Ventures, LLC; and Harbor Station Communities, LLC
Plaintiff says defendants allowed a dangerous condition to exist in the sidewalk in Prince William County and allowed it to remain unrepaired, and as a result, he was injured. Plaintiff claims damages of $500,000.
Attorneys: Brody H. Reid and Bradford E. Goodwin of Reid Goodwin
Filed: 3/13/2023
CL23001315

Arco Iris Latino Market, Inc. v. Robert Cerdas Esteller and Deluxe Construction, LLC f/k/a RSC Construction, LLC
Plaintiff, which cashes payroll and other checks, says between March 22, 2021, and June 1, 2021, personally and while acting within the scope and course of his employment with RSC Construction, Cerdas would take checks issued in payment to RSC and deposit them into RSC and/or his bank account at Atlantic Union using the bank’s mobile banking application, and then shortly thereafter, would take the same checks to plaintiff, endorse and transfer the previously deposited checks to plaintiff to negotiate, and accept payment from plaintiff for the checks. Plaintiff says it would then deposit the checks into its Atlantic Union account, believing they were valid. Plaintiff says due to a glitch in Atlantic Union’s check processing department, the bank did not issue any notices that the checks were dishonored and could not figure out why the bank was debiting monies from its accounts. Plaintiff says defendants double deposited $138,325, which Cerdas said he would repay, but to date, only $26,000 has been repaid. Plaintiff seeks $112,325 in compensatory damages, and $350,000, punitive.
Attorneys: Jonathan M. Arthur of Thomas H. Roberts & Associates
Filed: 3/14/2023
CL23001318

Daniel Ambrose v. Foundation Building Materials, LLC; FBM Southeast, LLC; Foundation Building Materials; John Doe Company; DeAndre McKnight-Williams; and John Doe
Plaintiff says on May 12, 2021, he was on a job site where drywall was being installed, when an overloaded drywall cart/trolley under the control of defendants overturned on him, crushing his lower extremity, and causing significant disability. Plaintiff alleges negligence and seeks judgment of $2.5 million.
Attorneys: Michael R. Krol and Robert G. Maury of The Law Office of Maury & Krol; and Emmet D. Alexander of The Alexander Law Group
Filed: 3/15/2023
CL23001325

Atlantic Union Bank v. Williams Tree Service, LLC and Gregory T. Williams
This is a confessed judgment of $504,667.10.
Attorneys: Michael E. Walsh
Filed: 3/15/2023
CL23001357

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