No Charitable Immunity for Theatre Foundation

Post-Answer Demurrer Overruled

By Deborah Elkins
Published: September 6, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court says defendant’s demurrer comes too late, as it was filed eight months after defendant filed an answer. Plaintiff contends the demurrer is procedurally barred because defendant filed its demurrer almost eight months after filing an answer to the complaint. The court agrees. Defendant did not seek leave of court to file [...]

‘Interested’ Trustees May Not Terminate Trust

By Deborah Elkins
Published: August 28, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts, Wills & Trusts

Co-trustees may not terminate a trust due to “defendant’s persistent and repeated requests for documentation and accountings” by the trustees, says a Richmond Circuit Court. Plaintiffs allege these persistent requests cost the trust unnecessary time and expense, including legal fees. Defendant opposes the motion on the ground that by the terms of the trust, the [...]

In-State Tuition Eligibility Denied

By Deborah Elkins
Published: August 17, 2012
Tags: Administrative, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court upholds denial of an in-state rate of tuition payment for plaintiff, a student who moved from Oregon to attend Virginia Commonwealth University. The VCU residency committee had before it evidence that the student moved from Oregon in August 2009 and took up residence in a VCU dormitory. In the summer of [...]

Medicaid Overpayment Demand Upheld

By Deborah Elkins
Published: August 17, 2012
Tags: Administrative, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court upholds a decision by the Department of Medical Assistance Services to seek an overpayment of $100,562.37 to plaintiff Oasis Counseling Services, a Medicaid provider that offers intensive, in-home mental health services to children and adolescents, after an agency audit revealed a lack of required detail in treatment plans for a number [...]

Tenant Owes Rent, Gets Deposit

By Deborah Elkins
Published: August 17, 2012
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts

In this dispute between a landlord and the soul food restaurant that leased the business premises, a Richmond Circuit Court says the parties’ course of conduct showed the tenant had a month-to-month lease, as the parties never entered into a final written lease, and the landlord is entitled to rental payment and the tenant is [...]

No Custody Change for Dad’s Job Relocation

By Deborah Elkins
Published: August 10, 2012
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

Although a father who has joint physical and legal custody of his 10-year-old son must move to Indiana for a higher-paying job transfer, a Richmond Circuit Court declines to order a custody transfer to father. It is clear both parents have a loving and caring relationship with the child and both are fit parents. Each [...]

Birth Certificate Only ‘Prima Facie’ Proof

By Deborah Elkins
Published: August 10, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts, Wills & Trusts

Although a party who claims to be the only lineal descendant who can inherit an interest in real estate has presented a certified birth certificate, the Richmond Circuit Court says under Virginia law, the birth certificate is only prima facie evidence of the relationship and the claimant’s motion for summary judgment is denied. Defendant David [...]

Circuit Court Can’t Allow Amendment

By Deborah Elkins
Published: August 10, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court says it has no jurisdiction to allow a plaintiff who is appealing to the circuit court a general district court’s dismissal with prejudice of his suit against “Unnamed Quartermaster,” to amend his complaint to identify that person. Virginia Code § 16.1-106 governs appeals from general district court to circuit court. This [...]

Statutory ‘Cohabitation’ Claim Survives

By Deborah Elkins
Published: July 30, 2012
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court overrules a wife’s demurrer to her husband’s suit to terminate spousal support for cohabitation under Va. Code § 20-109(A); because the parties’ agreement was entered into after the enactment of the cohabitation bar provision, husband may invoke the statutory bar. Wife contends their agreement was not part of the divorce proceeding [...]