Transurban, which administers the electronic collection of tolls, proved beyond a reasonable doubt that it could not collect tolls from defendant Barnett on five occasions. Barnett’s challenge to five summonses issued as a result, based on the inference that she ...

Tagged with: Criminal Fairfax Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where plaintiff has sued defendant, his ex-wife, for malicious prosecution arising from five criminal warrants she swore out against him for trespass, and for a protective order issued against him, her demurrer is sustained. Plaintiff bases his complaint on defendant’s ...

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

Where plaintiffs sued for return of their deposits paid for property and construction of a home, the court finds defendants did not violate the Virginia Consumer Protection Act, and were not unjustly enriched by retaining plaintiffs’ deposits. To prove fraud ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

Plaintiff, an injured seaman, is entitled to maintenance payments – compensation for food and lodging – even though his employer did not provide room and board as part of his employment. As a result, the employer is not entitled to ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Personal Injury Virginia Circuit Courts

Plaintiffs’ claim of a prescriptive easement to use defendants’ road survives demurrer because the complaint alleges exclusive and continuous use, from which plaintiffs’ use under claim of right is presumed. Because plaintiffs have stated a claim, they can seek permanent ...

Tagged with: Judge Fredrick A. Rowlett Real Estate Virginia Circuit Courts Washington County Circuit Court

In this ongoing litigation involving claims arising from a foreclosure sale of plaintiff’s home, the court denies his motion for leave to amend the eighth version of his complaint and grants a related motion to strike filed by the Virginia ...

Tagged with: Civil Procedure Judge David W. Lannetti Norfolk Circuit Court Order Virginia Circuit Courts

Defendants’ demurrer in this defamation action is sustained because plaintiff has not sufficiently alleged that the complained-of statements were false. Alleged defamation Plaintiff Presler complains about five statements made in defendants’ advertisement: “a) Presler is the ‘leader of a local ...

Tagged with: Civil Practice Judge Pamela S. Baskervill Virginia Beach Circuit Court Virginia Circuit Courts

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

Plaintiffs lack the necessary property interest to raise constitutional and inverse condemnation claims arising from the city-ordered demolition of a fire-damaged building in a historical district. Background In 2015, Sinesi bought the Grandy House, which was built in 1901 and ...

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