Special Causes of Action in Virginia

Question 1

Wrongful Death

Answer 1

Wrongful death is an action brought by the decedent’s personal representative.

Question 2

Wrongful Death Damages

Answer 2

In all cases, the jury decides who gets how much. Damages can include:
1) sorrow, anguish, and lost companionship
2) services and income provided by decedent
3) medical and funeral expenses
4) punitive damages for wanton or willful misconduct

Question 3

Declaratory Judgments

Answer 3

a. A declaratory judgment may be sought in the circuit court only.

b. A litigant wants declaration of rights in a situation where there’s actual controversy.

Question 4

Partition of Realty

Answer 4

An Action for partition of realty can be filed only in circuit court because it concerns title or boundary to realty.

Question 5

Methods of Partition

Answer 5

a. Partition in Kind: The court divides up the property among the various interested persons so each gets some land.
b. Partition by Allotment: the court lets one or more of the co-owners have the land and orders them to pay off the others.
c. Partition by Sale: the court orders sale of the land, with the co-owners to split the proceeds. This is not favored.

The first two options must NOT be practicable and that partition by sale is in the interests of the parties.

Question 6

Unlawful Detainer

Answer 6

1. It is less formal than ejectment because it does not determine title or boundaries to land.
2. The action is available in the circuit court
3. Because it does not determine title to real property, an unlawful detainer action may be brought in GDC.
4. The judgment does not bar later action for ejectment or trespass or later-accruing rents

Question 7

Detinue

Answer 7

Detinue is to recover personal property or its value and damages for detention. The plaintiff must have an interest and a right to immediate possession of the property.

Question 8

Detinue in GDC

Answer 8

Detinue is available in GDC or in circuit court.
It is exclusive GDC if controversy does not exceed $4,500. In other words, the money or personal property is worth $4,500 or less.

Question 9

Detinue: Pretrial Seizure

Answer 9

The plaintiff can get immediate possession ex parte (without notice to the other side) by verified petition.
- Petition must describe the property and show the plaintiff’s right to it.
- The petition must show the risk that the property will be damaged or hidden or removed.
- The plaintiff must post a bond of twice the value of the property.
- The sheriff cannot enter defendant’s house forcibly to seize the property.