20th Circuit Court

Aug 8, 2022

Inadequate courtroom prompts venue change

Where two defendants in this four co-defendant jury trial have moved to change venue from Fauquier County, the motions are granted because the existing courtrooms in Fauquier County cannot adequately handle the logistics of conducting the trial. Introduction Four defendants are being jointly tried for first-degree murder, armed burglary, conspiracy and a firearm violation. Two […]

Mar 14, 2022

Some claims viable in moldy house case

Where plaintiff alleges defendants concealed a mold infestation in the house plaintiff bought from them, an “as is” clause in the sales contract does not insulate defendants from a claim of actual fraud in the inducement. The complaint Plaintiff alleges that defendants covered up mold in four locations using paint, drawer lining, drywall patches and […]

Feb 19, 2021

No injunction to ensure compliance with SCV ruling

Where defendant homeowners ultimately prevailed in the Virginia Supreme Court against plaintiff homeowners association’s enforcement of a holiday lighting policy, defendants are not entitled to an injunction to ensure defendant’s compliance with the ruling. Background In a previous phase of this case, the Belmont Glen Homeowners Association (HOA) sued Sanjay and Sonia Sainani (homeowners) to [[...]

Feb 19, 2021

Emancipation immaterial to changing pendente lite order

Where husband seeks to modify a pendente lite order concerning his child support obligation, the fact that the children are now emancipated does not bar modification. A pendente lite order may be modified at any time while the divorce action is pending. Overview When wife filed for divorce in November 2015, the parties had two […]

Jan 15, 2021

Ferry operator breached licensing agreement

Where defendant ferry service breached a license agreement by relocating a retaining wall without the required permission from plaintiff landowner, the court awards damages and enjoins defendant’s further use of the property. However, plaintiffs’ unjust enrichment claim fails because they have not established “with reasonable certainty” the value of the benefit defendant obtained by its [&[...]

Jan 15, 2021

Demurrers sustained in real estate contract case

Defendant’s demurrer to plaintiff’s suit for specific performance of a contract involving real estate is sustained. The contract cannot be read as giving plaintiff the right to buy the property at any time. Plaintiff’s other claims against defendant are either not ripe or are based on inapplicable statutes. Overview Plaintiff Davis seeks specific performance and […]

Jan 15, 2021

JDR court’s dismissal on merits was final order

The circuit court has jurisdiction over this matter concerning a minor child because the JDR’s dismissal on the merits was a final order, thus permitting the circuit court to assume jurisdiction. Final order Initially, the court must decide whether this case was ended in the JDR court “by way of a nonsuit taken by the […]

Jan 15, 2021

Demurrer not proper to allege missing party

Where defendant demurred to plaintiff’s contract claim on the basis that plaintiff did not name a necessary party, the demurrer is overruled. A demurrer tests the legal sufficiency of factual claims. A motion for joinder is the “proper” vehicle to add a necessary party. Overview Defendant and his now ex-wife contracted with plaintiff, Loudoun Country […]

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