Sanctions Sought for Possible Misjoinder

Res Judicata Bars One Claim

By Deborah Elkins
Published: April 22, 2013
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court sustains a plea of res judicata as the identity of the parties requirement is met with respect to a fee dispute submitted to the court for decision in February 2010. However, the court overrules the plea as to two other counts that suggest a malpractice claim with respect to defendants in [...]

Husband Takes Home Debt & Comp Settlement

By Deborah Elkins
Published: April 22, 2013
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

In an equitable distribution proceeding, a Richmond Circuit Court says wife has failed to rebut a presumption that a workers’ comp settlement husband obtained after separation is his separate property, and wife will have no responsibility for debt on the home, which is marital property. The only property subject to equitable distribution is the marital [...]

Landlord May Have to Cover Roofer’s Damage

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts

In this subrogation case, the Richmond Circuit Court overrules a landlord’s demurrer to a claim that it is ultimately liable for the alleged negligence of defendant roofing company that allegedly caused water and debris damage to the lessee. Generally, a landlord does not have a common law duty to maintain a demised premises that is [...]

No Sanction for Foreclosure Complaint

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court dismisses plaintiff homeowner’s RICO claim asserted as a basis for setting aside a foreclosure sale, without leave to amend, and denies defendants’ motion to sanction plaintiff under Va. Code § 8.01-271.1 for pursuit of this claim. The underlying facts involve an alleged invalid appointment of a substitute trustee as a basis [...]

No Adoption Over Father’s Objection

By Deborah Elkins
Published: April 22, 2013
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court denies a husband and wife’s petition to allow the husband to adopt wife’s daughter over the objection of the child’s biological father, as petitioners have not proven by clear and convincing evidence that the biological father abandoned the child or that the adoption would be in the child’s best interests. The [...]

Arbitration Ordered for Warranty Claims

By Deborah Elkins
Published: April 22, 2013
Tags: Contract, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

Although a contract for new home construction states that the warranty of Va. Code § 55-70.1(C) is “specifically waived,” absent contract language indicating the property is sold “as is,” a Richmond Circuit Court overrules defendant builder’s motion to dismiss plaintiffs’ breach of warranty claim and its pleas of the statute of limitations, but the court [...]

Officer Has Sovereign Immunity for Accident

By Deborah Elkins
Published: April 22, 2013
Tags: Charlottesville Circuit Court, Negligence, Virginia Circuit Courts

The Charlottesville Circuit Court grants a plea of sovereign immunity to a police officer who was responding to another officer’s call for assistance in handling traffic after a two-vehicle collision on a dark, rainy night; defendant officer was engaged in a governmental function when he was attempting to position his vehicle to divert traffic. Officer [...]

Defendant Must Share Statement to Carrier

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Leslie L. Lilley, Negligence, Virginia Beach Circuit Court, Virginia Circuit Courts

A Virginia Beach Circuit Court grants plaintiff’s motion to compel production of defendant’s recorded statement to her insurance company one day after the subject automobile accident, but declines to rule on plaintiff’s request for defendant’s surveillance video of plaintiff without more facts. The statement at issue was taken by the agent of defendant’s insurance company [...]

Variance Denial for Billboard Upheld

By Deborah Elkins
Published: April 16, 2013
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts

In the latest round of this years-long dispute over a billboard sign located on the tip of Mayo Island in the city of Richmond, a Richmond Circuit Court upholds a decision by the board of zoning appeals denying appellants’ request for a variance to permit use of the property with the billboard above the applicable [...]