Where an arbitrator awarded petitioner an attorney’s fee as a sanction for respondent’s failure to comply with discovery, respondent’s substitute counsel is liable for the sanction. Background The action before the court is a review of an arbitrator’s order requiring ...

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

Where plaintiff seeks recission of the foreclosure sale of his real property, defendants’ summary judgment motion, based on plaintiff’s alleged first material breach of the loan contract, is denied. There is a material dispute whether plaintiff was aware of a ...

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

An incarcerated husband remains liable for his spousal support obligation but is not in contempt of court for failing to pay as ordered in the final divorce decree. The court finds that husband’s spousal support arrearage is $489,239. Judgment is ...

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

Where plaintiff asked defendant, a heating and cooling company, to come to her residence and some weeks later entered into a home repair contract, this was not a “home solicitation sale” under the Virginia Home Solicitation Sales Act. Overview Theuer ...

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

Where the city of Norfolk has filed a demurrer and a plea in bar in response to plaintiff’s complaint arising from a building demolition, the demurrer is sustained and plaintiff is granted leave to amend its complaint. Defendant city’s plea ...

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

Drug evidence found during a warrantless search of defendant’s vehicle will be suppressed because the search “did not fall under any recognized warrant exception. Dark night “Having considered the body worn camera video, transcript of the testimony of Officer Dubus ...

Tagged with: Criminal Judge Junius P. Fulton III Norfolk City Circuit Court Virginia Circuit Courts

Where the City of Norfolk has filed a demurrer and a plea in bar in response to plaintiff’s complaint arising from a building demolition, the demurrer is sustain and plaintiff is granted leave to amend its complaint. Defendant city’s plea ...

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

Where the city of Norfolk levies its Business, Professional, and Occupational License tax on an internet provider’s gross income, this violates the federal Internet Tax Freedom Act unless Norfolk’s tax has been grandfathered under the ITFA. The court does not ...

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