The Docket: Local court roundup for 8.21.14

Henrico Circuit Court

Melissa S. Hart v. The EI Group
Plaintiff says she was employed by defendant for 11 years until resigning on or about June 6, 2014. At that time, she was to receive a severance package, which defendant has failed to provide, plaintiff says. Plaintiff went to work for Hurt & Profitt Inc., and defendant contacted the new company demanding that she resign, saying she was in breach of an employment agreement by accepting employment that performed or offered the same service as defendant in Central Virginia. Plaintiff says the restrictive covenants are unenforceable for a variety of reasons, and seeks compensatory damages of at least $125,000.
Law firm: Christopher M. Malone and Neil S. Talegaonkar of ThompsonMcMullan
Filed: 8/11/2014. CL14002071

Judith Thompson v. Meadowspring Turf LLC
Plaintiff says she and Matthew T. Hall are the sole members of Meadowspring, formed in 1999, with plaintiff owning 49% and Hall, 51%. The two married in 2004 and when they began having marital difficulties in 2006, plaintiff says Hall contacted her to sign a document for “tax purposes.” She later learned, she said, that she signed a certificate assigning her 49% interest to Hall. An arbitration panel declared the certificate null and void, plaintiff says. Plaintiff says Hall received cash distributions totaling $1,576,713 between 2006 and 2010, and has received additional payments since 2011, while she has not received a distribution since 2005. Plaintiff seeks judgment in principal sum of $772,589.37, plus 49% of distributions since Jan. 1, 2011 and the arbitration award on June 28, 2013.
Law firm: Robert W. Partin and Gail M. Deady of McCandlish Holton
Filed: 8/7/2014. CL14002079

Finite Wisdom LLC v. Fair Pricing Initiative LLC; Best Response Strategies LLC; and Dan McMurtrie
Plaintiff says he was engaged to provide technology services involving the building of a web application for a website project called “ClearSpend” that defendants wanted to develop and launch. Its primary focus, plaintiff says, was a tool to be used by restaurant owners so they would be able to compare prices that food distributors were charging other similar restaurants. Plaintiff says defendants have refused to pay a balance due of $51,597.42.
Law firm: Nhon H. Nguyen of Schettine & Nguyen
Filed: 8/7/2014. CL14002087 [private]

Direct Capital Corporation v. Tri-City Underground LLC and Christopher M. Carter
Plaintiff, which finances equipment leases and purchases, says the Charles City-based defendant has failed to make payments due and seeks judgment in principal sum of $40,316.17.
Law firm: Adam M. Spence, The Law Offices of Spence & Associates
Filed: 8/11/2014. CL14002101

Richard L. Sluss v. S.E. Cemeteries of Virginia LLC
Plaintiff says he tripped on a broken metal post obscured by grass, and fell, striking his head, while visiting his father’s grave in Washington Memorial Park in Sandston. Plaintiff seeks judgment in principal sum of $75,000.
Law firm: Bryan K. Streeter of The Law Office of Bryan K. Streeter
Filed: 8/11/2014. CL14002104

Chesterfield Circuit Court

Wood Fuel Developers LLC v. Eden Pellets LLC
This is a confessed judgment of $58,438.59.
Law firm: Michael B. Ballato of Ballato Law Firm
Filed: 8/7/2014. CL14002488

Cassidy Shore, a minor, through his mother and next friend, Stacey Shore v. Richmond Indoor Sports Experience LLC and Medallion Athletic Product Inc.
Plaintiff, a Florida resident, says that while on the premises of the RISE in Midlothian to play soccer, he collided with an unpadded strip of metal located in or near a goal and was injured. Plaintiff seeks judgment in principal sum of $125,000.
Law firm: Frances Belton Georges of Kalbaugh Pfund & Messersmith
Filed: 8/15/2014. CL14002576

Browning & Associates Ltd. and Lyle Browning v. Commonwealth of Virginia, Department of Historic Resources
Plaintiff says defendant published about October 2011 a manual for conducting historic resources surveys in Virginia and said all materials submitted to defendant were to conform to the guidelines. Plaintiff says for more than 20 years, until January 2012, plaintiff had conducted surveys with the approval of defendant using “prepared strips” – a plowing, rototilling method – that conforms to the Secretary of the Interior guidelines for historic preservation. Defendant issued a letter rejecting a report for a property in Danville due to the use of prepared strips, plaintiff says, and communicated to developers with whom plaintiff was under contract that the department would not work with plaintiff. Plaintiff says the action is arbitrary and capricious, and that clients with whom plaintiff had a long history and who offered significant future economic expectations have canceled contracts and let others go to competitors. Plaintiff seeks judgment in principal sum of no less than $100,000.
Law firm: S. Sadiq Gill of DurretteCrump
Filed: 8/18/2014. CL14002598

Richmond Circuit Court

Cheryl Fornash Hoffman and Cheryl M. Fornash LLC t/a Cheryl Fornash Jewelers v. Studio K by Kambourian LLC; Haig Kambourian III; and Matthew Biggers
Plaintiffs say Studio K, a competitor, published a fake customer review on Google+ containing false and defamatory comments, about both Fornash personally and Cheryl Fornash Jewelers, that alleged she was a fence in an attempt to damage plaintiffs’ “perfect” business reputation and cause them to lose business. Afterward, until she managed to have the post taken down, Fornash says her business declined. Plaintiffs allege defamation and common law conspiracy and seek compensatory damages of $250,000 and punitive damages of $350,000 from each defendant.
Law firm: Stephen E. Baril and Paul D. Anders of Kaplan Voekler Cunningham & Frank
Filed: 8/13/2014 CL14003550

Valerie Wells v. Commonwealth of Virginia and Otis Elevator Co.
Plaintiff, an employee of the Virginia Blood Service, says she was at the James Monroe Building to set up for a blood drive, and she and others were instructed to utilize the freight elevator to transport equipment. Plaintiff says as she was moving equipment, the outer elevator door, which closed and opened vertically, slammed down on her head, causing significant injuries to her neck and head. Plaintiff seeks judgment in principal sum of $500,000.
Law firm: James L. Hoyle of Kalbaugh Pfund and Messersmith
Filed: 8/18/2014. CL14003594

Michael McCay v. 7-Eleven, Inc.; Kamal Hannah, Inc.; and Kamal Hannah
Plaintiff says a mat at the door near the store entrance slipped out from beneath him, causing him to fall and suffer permanent injuries. Plaintiff seeks judgment in principal sum of $475,000.
Law firm: M. Scott Bucci of Bucci & Dix
Filed: 8/18/2014. CL14003596 [/private]

Henrico Circuit Court

Melissa S. Hart v. The EI Group
Plaintiff says she was employed by defendant for 11 years until resigning on or about June 6, 2014. At that time, she was to receive a severance package, which defendant has failed to provide, plaintiff says. Plaintiff went to work for Hurt & Profitt Inc., and defendant contacted the new company demanding that she resign, saying she was in breach of an employment agreement by accepting employment that performed or offered the same service as defendant in Central Virginia. Plaintiff says the restrictive covenants are unenforceable for a variety of reasons, and seeks compensatory damages of at least $125,000.
Law firm: Christopher M. Malone and Neil S. Talegaonkar of ThompsonMcMullan
Filed: 8/11/2014. CL14002071

Judith Thompson v. Meadowspring Turf LLC
Plaintiff says she and Matthew T. Hall are the sole members of Meadowspring, formed in 1999, with plaintiff owning 49% and Hall, 51%. The two married in 2004 and when they began having marital difficulties in 2006, plaintiff says Hall contacted her to sign a document for “tax purposes.” She later learned, she said, that she signed a certificate assigning her 49% interest to Hall. An arbitration panel declared the certificate null and void, plaintiff says. Plaintiff says Hall received cash distributions totaling $1,576,713 between 2006 and 2010, and has received additional payments since 2011, while she has not received a distribution since 2005. Plaintiff seeks judgment in principal sum of $772,589.37, plus 49% of distributions since Jan. 1, 2011 and the arbitration award on June 28, 2013.
Law firm: Robert W. Partin and Gail M. Deady of McCandlish Holton
Filed: 8/7/2014. CL14002079

Finite Wisdom LLC v. Fair Pricing Initiative LLC; Best Response Strategies LLC; and Dan McMurtrie
Plaintiff says he was engaged to provide technology services involving the building of a web application for a website project called “ClearSpend” that defendants wanted to develop and launch. Its primary focus, plaintiff says, was a tool to be used by restaurant owners so they would be able to compare prices that food distributors were charging other similar restaurants. Plaintiff says defendants have refused to pay a balance due of $51,597.42.
Law firm: Nhon H. Nguyen of Schettine & Nguyen
Filed: 8/7/2014. CL14002087 [private]

Direct Capital Corporation v. Tri-City Underground LLC and Christopher M. Carter
Plaintiff, which finances equipment leases and purchases, says the Charles City-based defendant has failed to make payments due and seeks judgment in principal sum of $40,316.17.
Law firm: Adam M. Spence, The Law Offices of Spence & Associates
Filed: 8/11/2014. CL14002101

Richard L. Sluss v. S.E. Cemeteries of Virginia LLC
Plaintiff says he tripped on a broken metal post obscured by grass, and fell, striking his head, while visiting his father’s grave in Washington Memorial Park in Sandston. Plaintiff seeks judgment in principal sum of $75,000.
Law firm: Bryan K. Streeter of The Law Office of Bryan K. Streeter
Filed: 8/11/2014. CL14002104

Chesterfield Circuit Court

Wood Fuel Developers LLC v. Eden Pellets LLC
This is a confessed judgment of $58,438.59.
Law firm: Michael B. Ballato of Ballato Law Firm
Filed: 8/7/2014. CL14002488

Cassidy Shore, a minor, through his mother and next friend, Stacey Shore v. Richmond Indoor Sports Experience LLC and Medallion Athletic Product Inc.
Plaintiff, a Florida resident, says that while on the premises of the RISE in Midlothian to play soccer, he collided with an unpadded strip of metal located in or near a goal and was injured. Plaintiff seeks judgment in principal sum of $125,000.
Law firm: Frances Belton Georges of Kalbaugh Pfund & Messersmith
Filed: 8/15/2014. CL14002576

Browning & Associates Ltd. and Lyle Browning v. Commonwealth of Virginia, Department of Historic Resources
Plaintiff says defendant published about October 2011 a manual for conducting historic resources surveys in Virginia and said all materials submitted to defendant were to conform to the guidelines. Plaintiff says for more than 20 years, until January 2012, plaintiff had conducted surveys with the approval of defendant using “prepared strips” – a plowing, rototilling method – that conforms to the Secretary of the Interior guidelines for historic preservation. Defendant issued a letter rejecting a report for a property in Danville due to the use of prepared strips, plaintiff says, and communicated to developers with whom plaintiff was under contract that the department would not work with plaintiff. Plaintiff says the action is arbitrary and capricious, and that clients with whom plaintiff had a long history and who offered significant future economic expectations have canceled contracts and let others go to competitors. Plaintiff seeks judgment in principal sum of no less than $100,000.
Law firm: S. Sadiq Gill of DurretteCrump
Filed: 8/18/2014. CL14002598

Richmond Circuit Court

Cheryl Fornash Hoffman and Cheryl M. Fornash LLC t/a Cheryl Fornash Jewelers v. Studio K by Kambourian LLC; Haig Kambourian III; and Matthew Biggers
Plaintiffs say Studio K, a competitor, published a fake customer review on Google+ containing false and defamatory comments, about both Fornash personally and Cheryl Fornash Jewelers, that alleged she was a fence in an attempt to damage plaintiffs’ “perfect” business reputation and cause them to lose business. Afterward, until she managed to have the post taken down, Fornash says her business declined. Plaintiffs allege defamation and common law conspiracy and seek compensatory damages of $250,000 and punitive damages of $350,000 from each defendant.
Law firm: Stephen E. Baril and Paul D. Anders of Kaplan Voekler Cunningham & Frank
Filed: 8/13/2014 CL14003550

Valerie Wells v. Commonwealth of Virginia and Otis Elevator Co.
Plaintiff, an employee of the Virginia Blood Service, says she was at the James Monroe Building to set up for a blood drive, and she and others were instructed to utilize the freight elevator to transport equipment. Plaintiff says as she was moving equipment, the outer elevator door, which closed and opened vertically, slammed down on her head, causing significant injuries to her neck and head. Plaintiff seeks judgment in principal sum of $500,000.
Law firm: James L. Hoyle of Kalbaugh Pfund and Messersmith
Filed: 8/18/2014. CL14003594

Michael McCay v. 7-Eleven, Inc.; Kamal Hannah, Inc.; and Kamal Hannah
Plaintiff says a mat at the door near the store entrance slipped out from beneath him, causing him to fall and suffer permanent injuries. Plaintiff seeks judgment in principal sum of $475,000.
Law firm: M. Scott Bucci of Bucci & Dix
Filed: 8/18/2014. CL14003596 [/private]

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