Where the deed of trust notes in this foreclosure action state a maturity date but the deed of trust does not, the 20-year statute of limitations in Code § 8.01-242 applies. Although the foreclosure suit was filed more than 20 ...

Tagged with: Business Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where Fairfax County has adopted by resolution its own polices and practices for the procurement of goods and services, the county is wholly exempt from Virginia’s Public Procurement Act. A contractor’s judicial review rights are determined with reference to the ...

Tagged with: Administrative Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a child’s therapist, who is not a party to this divorce action, moved to quash a subpoena duces tecum of the child’s mental health care records, the motion is granted. The controlling statute allows a health care professional to ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where the court has previously denied plaintiffs summary judgment on their claim that Fairfax County unreasonably amended its zoning ordinance to regulate short term leases of residential property, plaintiffs erroneously argue in a motion for reconsideration that the court determined ...

Tagged with: Fairfax County Circuit Court Judge Richard E. Gardiner Real Estate Virginia Circuit Courts

Where plaintiffs claim a right to make short-term leases (STLs) of their residential homes through online platforms and allege that Fairfax County unreasonably amended its zoning ordinance regarding STLs by not considering the amendment’s effect on plaintiffs’ by-right use of ...

Tagged with: Fairfax County Circuit Court Judge Richard E. Gardiner Real Estate Virginia Circuit Courts

A Fairfax County judge has sided with a clinical psychologist who declined to turn over a teen’s mental health records in response to a subpoena in the parents’ divorce case. The psychologist said disclosure before a custody hearing could cause ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge Richard E. Gardiner

Jurisdictional challenges and argument over the applicability of the long-arm statute are common in federal court. But earlier this month, a Fairfax judge addressed a challenge to state jurisdiction. He applied the ground rules for handling a demurrer to resolve ...

Tagged with: Demurrer Fairfax County Circuit Court Judge Richard E. Gardiner

The court grants a business defendant’s motion to dismiss for lack of personal jurisdiction; long-arm jurisdiction is unavailable because the cause of action did not arise from this defendant transacting business in Virginia. Overview A daycare business, My Little Magic ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where the Virginia Employment Commission denied plaintiff unemployment benefits because her employer discharged her for doing inaccurate work, the case is remanded for further proceedings. It cannot be determined from the record whether plaintiff’s acts or omissions were a willful ...

Tagged with: Employment Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

The court will not reconsider its previous ruling to dismiss plaintiff’s claim for breach of contract because the proper party to the suit is plaintiff’s cancelled limited liability company, not plaintiff individually. Overview Defendant moved to strike the evidence and ...

Tagged with: Contract Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts