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Tag Archives: Civil Practice

Judgment creditor could not compel interrogatory answers (access required)

The trial court correctly dismissed a judgment creditor’s summons to compel appellee to answer debtor’s interrogatories.  Appellee was not among the class of individuals identified in Code § 8.01-506(A) who can be compelled to answer debtor’s interrogatories. The statute does ...

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Lemon Law claim was timely filed (access required)

Plaintiffs’ post-arbitration communications with defendant’s agent extended the statute of limitations on their Lemon Law claim. Overview After plaintiffs claimed their new Jeep manufactured by FCA had many problems, plaintiff Randel submitted a Customer Arbitration Process Application as part of an ...

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Cross-exam about payments to expert improperly excluded (access required)

Where the trial court required plaintiff to show a “direct relationship” between a defense expert and defendant’s insurer before allowing the expert to be cross-examined on his prior financial relationship with the insurer, this was error. Caselaw provides that the ...

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No protective order action against retirement community (access required)

Where plaintiff seeks to depose a representative of defendant Hickory Hill Retirement Community, defendant’s motion for a protective order regarding some of the deposition topics is denied. Decision “Pursuant to Rule 4:5(b)(6), plaintiff, Matthew Charles Henderson, asked that defendant Hickory ...

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Fact-finding remand ordered in voluntary payment dispute (access required)

Where appellee claims that the voluntary payment doctrine moots appellant’s appeals regarding a judgment entered against her, a remand is required for fact finding to determine whether appellant authorized payment of the judgment lien that attached to real estate that ...

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Plaintiffs lack standing to contest construction project (access required)

Where plaintiffs seek to enjoin construction of a distribution center located near their homes, they lack standing to do so because they have not alleged particularized injuries arising from the construction.  Plaintiffs are granted leave to amend their complaint to ...

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Housing commission can subpoena records in bias case (access required)

Where respondent Fairfax Human Rights Commission issued a subpoena duces tecum for petitioner Capital Investment Advisors relating to racial discrimination in an apartment complex, the court, on the commission’s motion to reconsider, now concludes that the commission has subpoena power when ...

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