The Docket: Local court roundup for 3.23.23

Chesterfield Circuit Court

NVR, Inc. d/b/a Ryan Homes v. RREFII-TFC Greenwich, LLC
Plaintiff, a home builder, says defendant, which develops and sell subdivided lots to builders, has violated/breached a purchase agreement to sell developable land condominium units in Section 5 of “Greenwich Walk at Foxcreek” community, and seeks a declaratory judgment and compensatory damages of at least $100,000.
Attorneys: Sean P. Sherman and Mark R. Mann of Shulman, Rogers, Gandal, Pordy & Ecker
Filed: 3/7/2023
CL23000867

Kapitus Servicing, Inc. v. C&R Goods & Produce, Inc. d/b/a C&R Goods & Produce; and Ryan DaCosta
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $130,835.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/9/2023
CL23000906

Innovative Behavioral & Mental Health Services LLC v. Holistic Therapeutic Services, LLC
Plaintiff says it had a contract to provide psychiatric consultative services for adults and children through a collaborative relationship with defendant, and defendant has failed to pay for services rendered August-October 2022. Plaintiff asks judgment of $59,250.
Attorneys: Richard M. Bing
Filed: 3/10/2023
CL23000920

L&W Supply Corporation v. Blanco Construction, LLC and Vladimir Blanco Zurita
Plaintiff says it provided goods and services on credit, and defendant has failed to pay $86,652.10 due.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 3/13/2023
CL23000930

Henrico Circuit Court

Kimberley Washington v. Select Recovery Agents, Inc.; PAR, Inc.; and Santander Consumer USA, Inc.
Plaintiff says in September 2022 she purchased a 2018 Kia from Haley Toyota, obtaining financing from Exeter Financing, and her payments are current. Plaintiff says Santander, at some time prior to Feb. 23, 2023, believing that the vehicle was financed by them and the loan was delinquent, contacted PAR to initiate repossession. Plaintiff says Select took possession of the vehicle on March 2 or 3 and refuses to return the vehicle or any of its contents, and has refused her access. Plaintiff alleges illegal repossession and violation of federal fair debt collection practices and seeks an injunction against efforts to dispossess her of the vehicle and damages of $49,999.
Attorneys: Jason M. Krumbein of Krumbein Consumer Legal Services
Filed: 3/10/2023
CL23001855

Alina McCabe v. Richmond Fitness, Inc.
Plaintiff says on April 16, 2021, at defendant’s American Family Fitness on Brook Road, she was thrown to the floor and severely injured when a stair-climbing machine malfunctioned. Plaintiff asks judgment of $650,000.
Attorneys: Christopher Booberg of BoobergLaw
Filed: 3/15/2023
CL23001945

Kapitus Servicing, Inc. v. O’Coyne Electric Inc. d/b/a O’Coyne Electric; and Christopher O’Coyne
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $230,607.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/15/2023
CL23001963

Kapitus Servicing, Inc. v. Glamour Nails, L.L.C. d/b/a Glamour Nails; and Pun Heng
Plaintiff says the North Chesterfield business is in default of a loan agreement and seeks judgment in the principal amount of $50,396.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/15/2023
CL23001967

Kapitus Servicing, Inc. v. Nassau Health Consultants Corp. d/b/a Medi Weightloss Garden City; and Jay Shayevitz
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $130,442.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/15/2023
CL23001970

Kapitus Servicing, Inc. v. Mechanical Star Systems, Inc. d/b/a Mechanical Star Systems; and Cesar Zepeda
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $136,935.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/15/2023
CL23001971

Kapitus Servicing, Inc. v. MIV Kitchen and Bath Corp. d/b/a MIV Kitchen and Bath; and Guan Zhao Hu
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $164,633.50.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/15/2023
CL23001973

Richmond Circuit Court

Kapitus Servicing, Inc. v. Franklin Concrete, LLC d/b/a Franklin Concrete; and Elizabeth Campbell-Franklin
Plaintiff says the Denver business is in default of a forward purchase agreement and seeks judgment in the principal amount of $123,203.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/13/2023
CL23001176

Kapitus Servicing, Inc. v. Adnan Shariff Inc. d/b/a Florida Foot Specialist; and Adnan Shariff
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $157,816.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/13/2023
CL23001177

William A. Broscious, as liquidating trustee for Richmond Rocket Auto Sales, LLC v. City Wide Auto & Truck Sales, LLC; David Lynn; and Eric St. Clair Clarke
Plaintiff says City Wide and Lynn wrongfully assume or exercised the right of ownership over Richmond Rocket’s property, including but not limited to office and repair shop equipment, real estate fixtures and improvements, and a fully operational auto dealership and repair shop, and that City Wide and Lynn took a motorcycle to which Richmond Rocket held title and gave it to Clarke. Plaintiff seeks judgment of no less than $1 million, and an order that Clarke return the motorcycle.
Attorneys: Vernon E. Inge Jr. and Patrick D. Houston of Whiteford, Taylor & Preston
Filed: 3/9/2023
CL23001251

Sylvia Eubanks and Larock N. Inc. v. Homemades by Suzanne, Inc.; The John Marshall Ballrooms; and John Marshall Catering, Inc.
Plaintiffs say defendants agreed to provide a venue and services for an event to be held on Nov. 13, 2022, for a total price of $35,633.92, and they held ongoing written communications by electronic mail with defendant’s agent Maria Hall at the business address from Aug. 8 to Oct. 31, 2022, and per terms of the contract, on Oct. 28 sent a wire transfer to Hall, at the same email address, for the full amount and received a confirmation. Plaintiffs say owner Suzanne S. Wolstenholme received a copy of the emails, but defendants failed to secure their account from fraud, and the money was wired to an unknown individual. Plaintiffs says defendants refused to credit them, and forced them to pay $35,033.92 a second time in order to hold the event, which was just three weeks away. Plaintiffs seek judgment of $35,033.92.
Attorneys: Pietro F. Sanitate and Katherine M. Lennon of Woods Rogers Vandeventer Black
Filed: 3/10/2023
CL23001307

Daphne D. Field and Jennifer D. Inchausti, personal representatives and co-executors of the estate of Allen D. Wykle; Daphne D. Field; Jennifer D. Inchausti; and Allen D. Wykle v. Office Depot, Inc.; Harper Associates, LLC; Chipp North 9, LLC; The Buckman Group LTD, LLC a/k/a Brightview Landscape Services, Inc.; John Doe 1; John Doe 2; and Jane Doe
Plaintiffs say because of the negligence of defendants, on/about Feb. 15, 2016, at 7101-A Forest Hill Ave., decedent slipped on ice build-up near the front door, sustaining significant injuries to his head, neck and back, and leading to permanent disability and his death on/about March 22, 2022. Plaintiffs seek judgment of $20 million.
Attorneys: Elliott B. Bender of Bender Law Group; and David C. Reinhardt of Reinhardt Vandenbrook
Filed: 3/13/2023
CL23001316

Chesterfield Circuit Court

NVR, Inc. d/b/a Ryan Homes v. RREFII-TFC Greenwich, LLC
Plaintiff, a home builder, says defendant, which develops and sell subdivided lots to builders, has violated/breached a purchase agreement to sell developable land condominium units in Section 5 of “Greenwich Walk at Foxcreek” community, and seeks a declaratory judgment and compensatory damages of at least $100,000.
Attorneys: Sean P. Sherman and Mark R. Mann of Shulman, Rogers, Gandal, Pordy & Ecker
Filed: 3/7/2023
CL23000867

Kapitus Servicing, Inc. v. C&R Goods & Produce, Inc. d/b/a C&R Goods & Produce; and Ryan DaCosta
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $130,835.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/9/2023
CL23000906

Innovative Behavioral & Mental Health Services LLC v. Holistic Therapeutic Services, LLC
Plaintiff says it had a contract to provide psychiatric consultative services for adults and children through a collaborative relationship with defendant, and defendant has failed to pay for services rendered August-October 2022. Plaintiff asks judgment of $59,250.
Attorneys: Richard M. Bing
Filed: 3/10/2023
CL23000920

L&W Supply Corporation v. Blanco Construction, LLC and Vladimir Blanco Zurita
Plaintiff says it provided goods and services on credit, and defendant has failed to pay $86,652.10 due.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 3/13/2023
CL23000930

Henrico Circuit Court

Kimberley Washington v. Select Recovery Agents, Inc.; PAR, Inc.; and Santander Consumer USA, Inc.
Plaintiff says in September 2022 she purchased a 2018 Kia from Haley Toyota, obtaining financing from Exeter Financing, and her payments are current. Plaintiff says Santander, at some time prior to Feb. 23, 2023, believing that the vehicle was financed by them and the loan was delinquent, contacted PAR to initiate repossession. Plaintiff says Select took possession of the vehicle on March 2 or 3 and refuses to return the vehicle or any of its contents, and has refused her access. Plaintiff alleges illegal repossession and violation of federal fair debt collection practices and seeks an injunction against efforts to dispossess her of the vehicle and damages of $49,999.
Attorneys: Jason M. Krumbein of Krumbein Consumer Legal Services
Filed: 3/10/2023
CL23001855

Alina McCabe v. Richmond Fitness, Inc.
Plaintiff says on April 16, 2021, at defendant’s American Family Fitness on Brook Road, she was thrown to the floor and severely injured when a stair-climbing machine malfunctioned. Plaintiff asks judgment of $650,000.
Attorneys: Christopher Booberg of BoobergLaw
Filed: 3/15/2023
CL23001945

Kapitus Servicing, Inc. v. O’Coyne Electric Inc. d/b/a O’Coyne Electric; and Christopher O’Coyne
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $230,607.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/15/2023
CL23001963

Kapitus Servicing, Inc. v. Glamour Nails, L.L.C. d/b/a Glamour Nails; and Pun Heng
Plaintiff says the North Chesterfield business is in default of a loan agreement and seeks judgment in the principal amount of $50,396.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/15/2023
CL23001967

Kapitus Servicing, Inc. v. Nassau Health Consultants Corp. d/b/a Medi Weightloss Garden City; and Jay Shayevitz
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $130,442.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/15/2023
CL23001970

Kapitus Servicing, Inc. v. Mechanical Star Systems, Inc. d/b/a Mechanical Star Systems; and Cesar Zepeda
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $136,935.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/15/2023
CL23001971

Kapitus Servicing, Inc. v. MIV Kitchen and Bath Corp. d/b/a MIV Kitchen and Bath; and Guan Zhao Hu
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $164,633.50.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/15/2023
CL23001973

Richmond Circuit Court

Kapitus Servicing, Inc. v. Franklin Concrete, LLC d/b/a Franklin Concrete; and Elizabeth Campbell-Franklin
Plaintiff says the Denver business is in default of a forward purchase agreement and seeks judgment in the principal amount of $123,203.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/13/2023
CL23001176

Kapitus Servicing, Inc. v. Adnan Shariff Inc. d/b/a Florida Foot Specialist; and Adnan Shariff
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $157,816.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/13/2023
CL23001177

William A. Broscious, as liquidating trustee for Richmond Rocket Auto Sales, LLC v. City Wide Auto & Truck Sales, LLC; David Lynn; and Eric St. Clair Clarke
Plaintiff says City Wide and Lynn wrongfully assume or exercised the right of ownership over Richmond Rocket’s property, including but not limited to office and repair shop equipment, real estate fixtures and improvements, and a fully operational auto dealership and repair shop, and that City Wide and Lynn took a motorcycle to which Richmond Rocket held title and gave it to Clarke. Plaintiff seeks judgment of no less than $1 million, and an order that Clarke return the motorcycle.
Attorneys: Vernon E. Inge Jr. and Patrick D. Houston of Whiteford, Taylor & Preston
Filed: 3/9/2023
CL23001251

Sylvia Eubanks and Larock N. Inc. v. Homemades by Suzanne, Inc.; The John Marshall Ballrooms; and John Marshall Catering, Inc.
Plaintiffs say defendants agreed to provide a venue and services for an event to be held on Nov. 13, 2022, for a total price of $35,633.92, and they held ongoing written communications by electronic mail with defendant’s agent Maria Hall at the business address from Aug. 8 to Oct. 31, 2022, and per terms of the contract, on Oct. 28 sent a wire transfer to Hall, at the same email address, for the full amount and received a confirmation. Plaintiffs say owner Suzanne S. Wolstenholme received a copy of the emails, but defendants failed to secure their account from fraud, and the money was wired to an unknown individual. Plaintiffs says defendants refused to credit them, and forced them to pay $35,033.92 a second time in order to hold the event, which was just three weeks away. Plaintiffs seek judgment of $35,033.92.
Attorneys: Pietro F. Sanitate and Katherine M. Lennon of Woods Rogers Vandeventer Black
Filed: 3/10/2023
CL23001307

Daphne D. Field and Jennifer D. Inchausti, personal representatives and co-executors of the estate of Allen D. Wykle; Daphne D. Field; Jennifer D. Inchausti; and Allen D. Wykle v. Office Depot, Inc.; Harper Associates, LLC; Chipp North 9, LLC; The Buckman Group LTD, LLC a/k/a Brightview Landscape Services, Inc.; John Doe 1; John Doe 2; and Jane Doe
Plaintiffs say because of the negligence of defendants, on/about Feb. 15, 2016, at 7101-A Forest Hill Ave., decedent slipped on ice build-up near the front door, sustaining significant injuries to his head, neck and back, and leading to permanent disability and his death on/about March 22, 2022. Plaintiffs seek judgment of $20 million.
Attorneys: Elliott B. Bender of Bender Law Group; and David C. Reinhardt of Reinhardt Vandenbrook
Filed: 3/13/2023
CL23001316

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