Where the bequests to certain beneficiaries were to be funded from the sale of the testator’s condominium, the sale of the condominium before the testator’s death adeemed the bequests. The Commissioner of Accounts erred by concluding otherwise. Her recommendation that ...

Tagged with: Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts Wills & Trusts

A claim for punitive damages in a wrongful termination case is allowed to proceed after surviving demurrers from the defendant employer. An additional claim by the plaintiff for attorney fees was not allowed to proceed after the defendant’s demurrer was ...

Tagged with: Employment Judge Richard E. Gardiner Punitive damages Virginia Circuit Courts wrongful termination

Where plaintiff alleges that he was fired after he complained to defendant employer that he was not being timely paid, he has stated a claim for discharge in violation of public policy. Further, defendant’s demurrer to plaintiff’s claim for punitive ...

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

On reconsideration, the court again denies petitioner’s motion for a protective order because she did not prove that respondent, more than once, placed her “in reasonable fear of death, criminal sexual assault, or bodily injury.” The statutes “The petition was ...

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

Where a court order provided that father could not seek a modification of his child support obligation until he became current on his payments, the order is void ab initio because it “diminishes the court’s power to decree support[.]” Voidness ...

Tagged with: Domestic Relations Farifax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where the court found that defendant breached fiduciary duties by violating the Uniform Power of Attorney Act, plaintiff’s damages are limited to recovery of the lost funds and reimbursement for attorney’s fees and costs. The act does not authorize an ...

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

Where petitioner seeks to have records of his arrest for “sexual battery” expunged, the petition is granted because the charges were eventually dismissed. Overview Petitioner was arrested on January 30, 2006, for misdemeanor sexual battery in violation of Code§ 18.2-267.4. ...

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

Where the commonwealth has declined to prosecute defendant for the misdemeanor offense of driving without an ignition interlock system, this court must dismiss the charge. Overview Defendant was charged in the general district court. The commonwealth declined to prosecute. Defendant ...

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

A Fairfax County circuit judge has ruled that criminal charges must be dismissed if the commonwealth’s attorney’s office declines to prosecute. The ruling arises from the decision by Fairfax Commonwealth’s Attorney Steve Descano not to prosecute many misdemeanor cases, often ...

Tagged with: Judge Richard E. Gardiner

Where this court granted defendant’s motion for bail but stayed execution of the order to give the commonwealth the opportunity to appeal, the court has the inherent authority to do so. Background “It is undisputed that, because of the charges, ...

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