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 ...

Tagged with: Contract Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Criminal Judge Everett A. Martin Jr. Norfolk City Circuit Court Virginia Circuit Courts

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’ ...

Tagged with: Judge David W. Lannetti Norfolk City Circuit Court Real Estate Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Judge Everett A. Martin Jr. Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Domestic Relations Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Contract Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Norfolk City Circuit Court Virginia Circuit Courts