The Docket: Local court roundup for 6.22.23

Chesterfield Circuit Court

Youssef Hanna and Wards Hanna v. Eshak Abdelmalak Virginia Capital Realty, LLC
Plaintiffs say defendants represented them in the purchase of real estate in Powhatan, and that as a result of untrue statements made to seller’s agent by Abdelmalak about financing and closing, the seller terminated the contract. Plaintiffs seek damages of $100,000.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 6/5/2023
CL23002102

Atlantic Building Solutions, LLC v. Barefoot Spas, LLC
Plaintiff says it provided janitorial services per a contract and defendant has failed to pay. Plaintiff asks judgment of $35,985.26.
Attorneys: Adam L. White of Pinto Coates Kyre & Bowers
Filed: 6/6/2023
CL23002118

Kapitus Servicing, Inc. v. All American Steel LLC d/b/a All American Steel; and Christopher White
Plaintiff says the Colorado business is in default of a forward purchase agreement and seeks judgment in the principal amount of $127,195.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/6/2023
CL23002129

Kapitus Servicing, Inc. v. Drink Branders, LLC d/b/a Drink Brander; Marcus Christian; and Amber Christian
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $337,804.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/6/2023
CL23002131

Kapitus Servicing, Inc. v. Lawson Contracting Group LLP d/b/a Lawson Contracting; Lawson Contracting L.L.C. d/b/a Lawson Contracting; and Shawn Lawson
Plaintiff says the Arizona businesses are in default of a forward purchase agreement and seeks judgment in the principal amount of $291,580.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/6/2023
CL23002152

Kapitus Servicing, Inc. v. Pema Incorporated d/b/a Pema Tree Service; and Elmer Palencia
Plaintiff says the Massachusetts business is in default of a forward purchase agreement and seeks judgment in the principal amount of $189,392.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/6/2023
CL23002153

Image Quest, LLC v. OI System Holdings, LLC; OI Graphics, Inc.; and Othniel Glenwood Jordan
Plaintiff, a printing and graphics firm d/b/a Image360, says per a business purchase agreement on April 11, 2022, with OI Graphics as purchaser and OI Holdings as guarantor, plaintiff was to retain all accounts receivable for invoices completed prior to closing, but as early as May 2022, disputes began to arise due to lack of payments on the invoices and a related promissory note of $225,000. One of the borrowers listed on the promissory note, plaintiff says, is Office Interiors of Virginia, Inc., which filed a Chapter 11 bankruptcy on April 16, 2023. Plaintiff says defendants have failed to pay for accounts receivable due, and have defaulted on the note, and seeks judgment of $237,383.05.
Attorneys: Stephen R. Bloomquest of Quest Law
Filed: 6/12/2023
CL23002191

Henrico Circuit Court

Dunbar Security Solutions Inc. v. RCA Laboratory Services LLC
Plaintiff says defendant has not paid the contractually agreed amounts for security guard services and seeks judgment of $79,559.70.
Attorneys: Richard A. DuBose III of Gebhardt & Smith
Filed: 6/6/2023
CL23004064

Darnestown Road Property Limited Partnership v. 5th Legacy, LLC; Xuan-Trang Huynh; and Sinh Khanh Huynh
Plaintiff says beginning in November 2012 defendant leased property at 8026 A&B W. Broad St. as a restaurant and has defaulted, abandoning the property in late 2021. Plaintiff asks judgment of $108,445.16.
Attorneys: David G. Browne of Spiro & Browne
Filed: 6/8/2023
CL23004117

American Express National Bank v. Rachel Washington a/k/a Reachal Washington; and Startup Chief LLC
Plaintiff says defendant is in default of 8 credit accounts and seeks judgment of $121,804.95.
Attorneys: Rachel A. Duboff and John M. Lyons of Zwicker & Associates
Filed: 6/9/2023
CL23004138

Colonial Webb Contractors Company v. Hill Phoenix, Inc.
Plaintiff says the refrigeration and underfloor heating systems defendant supplied for a Kroger store plaintiff was constructing in Michigan did not comply with specifications, drawings and designs that plaintiff supplied, costing it substantial profits. Plaintiff claims damages of $1 million.
Attorneys: Courtney Moates Paulk and Spencer S. Allen of Hirschler Fleischer
Filed: 6/9/2023
CL23004146

Lucretia Carrico Cliborne, as administrator C.T.A. of the estate of Wallace Lafayette Cliborne, deceased v. MCAP West End, LLC t/a Commonwealth Senior Living at the West End; Commonwealth Senior Living, LLC; Foxhound Opco Holdings, LLC; and Commonwealth Assisted Living LLC
Plaintiff says while under defendants’ care decedent was allowed to fall at least 10 times and they failed to provide bowel hygiene care, and that a video camera installed in his room showed him being violently jerked and pulled by staff. Plaintiff alleges gross negligence and seeks judgment of $3 million.
Attorneys: Robert W. Carter and Mary Estfanous
Filed: 6/8/2023
CL23004148

Fora Financial Asset Securitization 2021, LLC V. GAP Trucking, LLC and Norman Loney
Plaintiff says defendants are in default of a business loan and seeks judgment in the principal amount of $20,882.
Attorneys: Bret Thrasher of Aubrey Thrasher
Filed: 6/12/2023
CL23004191

Richmond Circuit Court

Mutual Assurance Society of Virginia a/s/o Thomas Grant and Susan Rickman v. Bailey’s Plumbing Heating & Cooling, Inc.; Trailhead Development; and Capstone Construction, LLC
Plaintiff says because of faulty work by Bailey’s, which was overseen by Trailhead and Capstone, an improperly installed water line in insureds’ home separated, resulting in an overflow of water into the property. Plaintiff seeks judgment of $250,000.
Attorneys: John R. Owen and John P. Dunnigan of Harman, Claytor, Corrigan & Wellman
Filed: 6/13/2023
CL23002872

Kapitus Servicing, Inc. v. North Shore Lashes LLC d/b/a Deka Lash; and Timothy Duffy
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal amount of $140,330.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/12/2023
CL23002924

Kapitus Servicing, Inc. v. Inklings Custom Screen Printing, Inc. d/b/a Inklings Custom Screen Printing; and Brian Card
Plaintiff says the Colorado business is in default of two financial agreements and seeks judgment in the principal amount of $147,499.25.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/12/2023
CL23002926

Michelle Mills v. Food Lion, LLC a/k/a Food Lion; Larry Turner Sr. a/k/a Larry D. Turner a/k/a Larry D. Turner Sr.; and Jane Doe
Plaintiff says as she exited the store in Orange on July 1, 2021, with a shopping cart full of groceries, her cart fell into an unmarked hole in the pavement, causing her to fall over the cart and land in the parking lot. Plaintiff says defendants were aware and had notice that a dangerous condition existed, but failed to warn, and seeks damages of $500,000 for her injuries.
Attorneys: Colleen Marea Quinn of Quinn Law Centers
Filed: 6/16/2023
CL23002937

Chesterfield Circuit Court

Youssef Hanna and Wards Hanna v. Eshak Abdelmalak Virginia Capital Realty, LLC
Plaintiffs say defendants represented them in the purchase of real estate in Powhatan, and that as a result of untrue statements made to seller’s agent by Abdelmalak about financing and closing, the seller terminated the contract. Plaintiffs seek damages of $100,000.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 6/5/2023
CL23002102

Atlantic Building Solutions, LLC v. Barefoot Spas, LLC
Plaintiff says it provided janitorial services per a contract and defendant has failed to pay. Plaintiff asks judgment of $35,985.26.
Attorneys: Adam L. White of Pinto Coates Kyre & Bowers
Filed: 6/6/2023
CL23002118

Kapitus Servicing, Inc. v. All American Steel LLC d/b/a All American Steel; and Christopher White
Plaintiff says the Colorado business is in default of a forward purchase agreement and seeks judgment in the principal amount of $127,195.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/6/2023
CL23002129

Kapitus Servicing, Inc. v. Drink Branders, LLC d/b/a Drink Brander; Marcus Christian; and Amber Christian
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $337,804.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/6/2023
CL23002131

Kapitus Servicing, Inc. v. Lawson Contracting Group LLP d/b/a Lawson Contracting; Lawson Contracting L.L.C. d/b/a Lawson Contracting; and Shawn Lawson
Plaintiff says the Arizona businesses are in default of a forward purchase agreement and seeks judgment in the principal amount of $291,580.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/6/2023
CL23002152

Kapitus Servicing, Inc. v. Pema Incorporated d/b/a Pema Tree Service; and Elmer Palencia
Plaintiff says the Massachusetts business is in default of a forward purchase agreement and seeks judgment in the principal amount of $189,392.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/6/2023
CL23002153

Image Quest, LLC v. OI System Holdings, LLC; OI Graphics, Inc.; and Othniel Glenwood Jordan
Plaintiff, a printing and graphics firm d/b/a Image360, says per a business purchase agreement on April 11, 2022, with OI Graphics as purchaser and OI Holdings as guarantor, plaintiff was to retain all accounts receivable for invoices completed prior to closing, but as early as May 2022, disputes began to arise due to lack of payments on the invoices and a related promissory note of $225,000. One of the borrowers listed on the promissory note, plaintiff says, is Office Interiors of Virginia, Inc., which filed a Chapter 11 bankruptcy on April 16, 2023. Plaintiff says defendants have failed to pay for accounts receivable due, and have defaulted on the note, and seeks judgment of $237,383.05.
Attorneys: Stephen R. Bloomquest of Quest Law
Filed: 6/12/2023
CL23002191

Henrico Circuit Court

Dunbar Security Solutions Inc. v. RCA Laboratory Services LLC
Plaintiff says defendant has not paid the contractually agreed amounts for security guard services and seeks judgment of $79,559.70.
Attorneys: Richard A. DuBose III of Gebhardt & Smith
Filed: 6/6/2023
CL23004064

Darnestown Road Property Limited Partnership v. 5th Legacy, LLC; Xuan-Trang Huynh; and Sinh Khanh Huynh
Plaintiff says beginning in November 2012 defendant leased property at 8026 A&B W. Broad St. as a restaurant and has defaulted, abandoning the property in late 2021. Plaintiff asks judgment of $108,445.16.
Attorneys: David G. Browne of Spiro & Browne
Filed: 6/8/2023
CL23004117

American Express National Bank v. Rachel Washington a/k/a Reachal Washington; and Startup Chief LLC
Plaintiff says defendant is in default of 8 credit accounts and seeks judgment of $121,804.95.
Attorneys: Rachel A. Duboff and John M. Lyons of Zwicker & Associates
Filed: 6/9/2023
CL23004138

Colonial Webb Contractors Company v. Hill Phoenix, Inc.
Plaintiff says the refrigeration and underfloor heating systems defendant supplied for a Kroger store plaintiff was constructing in Michigan did not comply with specifications, drawings and designs that plaintiff supplied, costing it substantial profits. Plaintiff claims damages of $1 million.
Attorneys: Courtney Moates Paulk and Spencer S. Allen of Hirschler Fleischer
Filed: 6/9/2023
CL23004146

Lucretia Carrico Cliborne, as administrator C.T.A. of the estate of Wallace Lafayette Cliborne, deceased v. MCAP West End, LLC t/a Commonwealth Senior Living at the West End; Commonwealth Senior Living, LLC; Foxhound Opco Holdings, LLC; and Commonwealth Assisted Living LLC
Plaintiff says while under defendants’ care decedent was allowed to fall at least 10 times and they failed to provide bowel hygiene care, and that a video camera installed in his room showed him being violently jerked and pulled by staff. Plaintiff alleges gross negligence and seeks judgment of $3 million.
Attorneys: Robert W. Carter and Mary Estfanous
Filed: 6/8/2023
CL23004148

Fora Financial Asset Securitization 2021, LLC V. GAP Trucking, LLC and Norman Loney
Plaintiff says defendants are in default of a business loan and seeks judgment in the principal amount of $20,882.
Attorneys: Bret Thrasher of Aubrey Thrasher
Filed: 6/12/2023
CL23004191

Richmond Circuit Court

Mutual Assurance Society of Virginia a/s/o Thomas Grant and Susan Rickman v. Bailey’s Plumbing Heating & Cooling, Inc.; Trailhead Development; and Capstone Construction, LLC
Plaintiff says because of faulty work by Bailey’s, which was overseen by Trailhead and Capstone, an improperly installed water line in insureds’ home separated, resulting in an overflow of water into the property. Plaintiff seeks judgment of $250,000.
Attorneys: John R. Owen and John P. Dunnigan of Harman, Claytor, Corrigan & Wellman
Filed: 6/13/2023
CL23002872

Kapitus Servicing, Inc. v. North Shore Lashes LLC d/b/a Deka Lash; and Timothy Duffy
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal amount of $140,330.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/12/2023
CL23002924

Kapitus Servicing, Inc. v. Inklings Custom Screen Printing, Inc. d/b/a Inklings Custom Screen Printing; and Brian Card
Plaintiff says the Colorado business is in default of two financial agreements and seeks judgment in the principal amount of $147,499.25.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/12/2023
CL23002926

Michelle Mills v. Food Lion, LLC a/k/a Food Lion; Larry Turner Sr. a/k/a Larry D. Turner a/k/a Larry D. Turner Sr.; and Jane Doe
Plaintiff says as she exited the store in Orange on July 1, 2021, with a shopping cart full of groceries, her cart fell into an unmarked hole in the pavement, causing her to fall over the cart and land in the parking lot. Plaintiff says defendants were aware and had notice that a dangerous condition existed, but failed to warn, and seeks damages of $500,000 for her injuries.
Attorneys: Colleen Marea Quinn of Quinn Law Centers
Filed: 6/16/2023
CL23002937

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