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Norfolk City Circuit Court

Jan 12, 2023

Foreclosure buyer had notice of bank’s right to payment

Where plaintiff bought a commercial property at a foreclosure sale and the prior owner had assigned all income and rights to secure a loan from defendant bank, plaintiff is not entitled to a $450,000 payment a tenant made to the prior owner’s agent to restore leased space to its original condition. Leases and assignments U.S. […]

Jan 12, 2023

Statements made after asking for counsel are suppressed

Statements defendant made after asserting his right to an attorney must be suppressed “with the exception of an unprompted comment … [defendant] made when one of the detectives entered the interview room and before the detective began speaking.” Background Defendant Ruffin was arrested on a murder charge. Police advised him of his Miranda rights, which […]

Dec 20, 2022

No injunction to stop permit revocation

Where a city council revoked a nightclub’s conditional use permit after a shooting occurred on the premises, the nightclub will not be granted a preliminary injunction to prevent enforcement of the revocation. Background The Legacy Lounge obtained a conditional use permit (CUP) from the city of Norfolk to operate as a restaurant and nightclub. As […]

Nov 22, 2022

Court can exceed 14-day sentence for absconding probationer

Where defendant committed three prior technical violations of his probation, the court is not limited to a 14-day sentence after defendant’s fourth technical violation – first-time absconding from probation. This is so despite language in the sentencing guidelines that seemingly indicates otherwise. Overview Defendant Williams was on probation and committed three technical probation violations[...]

Oct 23, 2022

No jury trial right for improper driving charge

Where defendant appealed his district court conviction of improper driving to the circuit court and demanded a jury trial, the demand is denied. “There is no federal constitutional right to a jury trial as improper driving is not punishable by more than six months in jail.” Statutes “Code of Virginia § 18.2-8 provides: ‘Offenses are […]

Sep 22, 2022

Mutual mistake of fact thwarts property sale

Where both parties to a real estate sales contract mistakenly believed defendant seller had exclusive title to property that plaintiff purchaser contracted to buy, plaintiff has no claim for specific performance, breach of contract or a quiet title/partition action. Defendants’ position “Defendants argue that … both Britt Homes and Max Sloop believed Max had exclusive […]

Aug 25, 2022

Demurrers to emotional distress claims sustained

Plaintiff’s lack of specificity in pleading her emotional distress claims requires the court to sustain defendant’s demurrers but she will have leave to file an amended complaint. Plaintiff’s allegation of sexual battery does not relieve her of “the obligation to plead severe emotional distress with specificity.”  “This action came to be heard June 30, 2022, […]

Aug 8, 2022

Changed circumstances do not warrant custody change

Where the child’s mother, father and grandmother had legal custody, and the grandmother had primary physical custody, mother’s physical custody petition is denied. Although there has been a material change in circumstances, the child’s best interest is served by continuing primary physical custody with the grandmother. Background Rowe is L.D.’s mother. Dessi is her father. […]

Jul 28, 2022

Lack of privity dooms claim in mortgage case

Where plaintiff claims that defendant, a mortgage loan servicer, breached a contract, plaintiff’s claim is dismissed because “the Court is unable to determine exactly what [plaintiff] is claiming[.]” Overview In 2005, Perez, the plaintiff in this case, alleges that she contracted with AccuBanc for a mortgage loan. Perez executed a promissory note secured by a […]

Jul 28, 2022

Remittitur ordered in malicious prosecution suit

Where a jury awarded plaintiff’s decedent compensatory and punitive damages for his malicious prosecution claim, the evidence does not support the amounts awarded. Plaintiff must accept a remittitur or a new trial limited to the issue of damages. Background Officers Lee and Christie ordered Roundtree, plaintiff’s decedent, to stop because he was riding a bicycle […]

Jul 25, 2022

No statutory, constitutional speedy trial violation

Although some factors weigh in defendant’s favor concerning his speedy trial claims, he is not entitled to relief because he has not shown any particularized prejudice. Background A grand jury indicted defendant Edwards and three others on Aug. 4, 2021, for first-degree murder, conspiracy to commit first-degree murder, felony homicide, attempted second-degree murder, burglary, conspiracy [&helli[...]

Apr 11, 2022

Failure to file default does not bar foreclosure

Where a lender did not record a notice of default and acceleration as provided for in the promissory note, that did not prevent the lender from foreclosing on the property. Plaintiff refers to the recording requirement as a “precondition to foreclosure” but the deed of trust provides the lender with several options if there is […]

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