In a case where corporate confusion may have torpedoed a six-figure tax relief claim, a Fairfax County judge ruled that trial depositions may be used to support a motion to strike. The statute barring the use of depositions for summary ...

Tagged with: Deposition Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

The proposed substitute plaintiffs cannot continue a tax-refund suit as successors in interest of plaintiff, a voluntarily cancelled LLC, even though lease agreements authorized the would-be plaintiffs to pay property taxes and challenge assessments. Further, plaintiff lacks standing to continue ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

The court lacks jurisdiction to enter a child custody order due to the residency of the parties and their child, and because this court has not previously entered a custody order in this divorce case. Background Plaintiff father and defendant ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A commissioner of sale is personally liable after the net sale proceeds of a marital home in the underlying case were distributed without satisfying petitioner’s lien. The commissioner failed “to file a proper accounting” of all the encumbrances on the ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A mother’s petition to change her minor child’s name by replacing her maiden name with the stepfather’s surname, while retaining the natural father’s surname, is approved. The change serves the child’s best interests because she is in therapy to deal ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Petitioner, a convicted felon whose civil rights have been restored, will have his right to possess firearms and ammunition reinstated because he has met Code § 18.2-308.2’s “good cause shown” standard as determined by the court’s evaluation of “a non-exhaustive ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A man with a clean record after his 1989 drug conviction won reinstatement of his right to purchase, possess and carry firearms, as the court found he satisfied the “good cause shown” standard by demonstrating the risk that caused him ...

Tagged with: Constitutional Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A man who twice submitted forged documents with his court pleadings was ordered to pay $127,702 in sanctions, fees and a fine. The plaintiff in the Fairfax County case also was jailed for 10 days, the maximum for criminal contempt, ...

Tagged with: Criminal Contempt Fairfax County Circuit Court Judge David Bernhard

Where the Board of Zoning Appeals granted reconsideration of its original decision beyond the seven-day deadline set by its by-laws, its subsequent decision was void. Background The Board of Zoning Appeals heard the landowners’ application on June 28, 2017, and ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts Zoning

Two Virginia circuit judges have reached opposite conclusions on whether Virginia law offers a window for “small loan companies” to charge unlimited interest rates.” In what one lender’s attorneys called a decision of far-reaching importance, a Richmond judge in January ...

Tagged with: Judge David Bernhard Judge Theodore J. Markow