Pruflas Wrote:
-------------------------------------------------------
> Maybe it was non-suited because eesh and Chuck
> worked out the issue...or maybe it's because eesh
> is removing the case to Circuit Court because
> Chuck did something sneaky this morning and
> appealed to the sympathy of one of the most
> defendant-friendly judges in the entire state of
> Virginia and non-suited to avoid a motion to
> change venue.
No sneakiness was required. I filed an objection to venue because eesh attempted to lay venue in Henrico County, which is contrary to the law.
Eesh knew about this because I mailed him a copy of the objection, as I was required to do by the rules of court. He had about three weeks to prepare his argument as to why my objection should be overruled.
In preparing his argument, he misread the preferred venue statute (Va. Code § 8.01-261), which does not apply to the type of action he brought. Once the judge refreshed himself on the statute*, he explained why eesh's argument was invalid.
Finally, I don't know anything about Judge Chucker being particularly defendant-friendly. My understanding is that Henrico GDC grants a
lot of leeway to
pro se plaintiffs to make sure that their complaints are properly heard and they get the fairest treatment possible.
*Amusingly, Judge Chucker had to recess the court
three times during the hearing to make sure that he was able to render an appropriate decision.
"Only good things can come of more communication." - Cary Wiedemann, March 3, 2005