Sondra Schneider v. Ernest Brant and Jocelyn Brant
0396224
Va. Ct. App.Oct 4, 2022Background
- In June 2020 Schneider (pro se) filed a warrant-in-debt in general district court alleging breach of a lease (Nov. 15, 2017–Nov. 30, 2019), claiming overpayment and $8,900 in damages for alleged diminution of rental value caused by a roof leak that made the master suite unusable for several months. She also sought miscellaneous damages and sanctions for alleged breach of tenant privacy.
- The Brants answered, counterclaimed, and moved for sanctions, arguing Schneider’s suit was retaliatory and a rehash of issues from a prior unlawful detainer action. The general district court entered judgment for the Brants; Schneider appealed to the circuit court.
- In circuit court the Brants filed a demurrer (arguing Virginia does not recognize a diminution-in-rental-value cause of action and asserting res judicata) and renewed their sanctions request. A hearing was continued; Schneider failed to appear at the November 12, 2021 demurrer hearing.
- The circuit court sustained the demurrer and dismissed Schneider’s complaint with prejudice, then (after a December 17, 2021 hearing) granted the Brants’ motion for sanctions and awarded $11,550. Schneider moved to reconsider; the circuit court later concluded it lacked jurisdiction to act.
- On appeal to the Court of Appeals Schneider argued the demurrer dismissal and sanctions award were erroneous. The Court affirmed, holding Schneider failed to preserve the demurrer arguments and failed to provide a transcript or statement of facts for the sanctions hearing, so the appellate record was insufficient to review those claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Circuit court erred in sustaining demurrer/dismissing complaint | Schneider: pleadings stated sufficient facts for breach of contract and diminution of rental value; landlord breached building-code duty; entitled to damages and rent abatement | Brants: Virginia law does not recognize diminution-in-rental-value cause; claims barred by res judicata; demurrer proper | Affirmed — appellate court declined to reach merits because Schneider failed to preserve those arguments (did not appear or present them at the demurrer hearing) |
| Circuit court erred in awarding sanctions under Code § 8.01‑271.1 | Schneider: pleading was factually and legally grounded; sanctions were not awarded for improper-purpose litigation | Brants: Schneider filed meritless, harassing, retaliatory suits and appeals; sanctions appropriate | Affirmed — appeal failed for lack of transcript/statement of facts of the sanctions hearing; appellant bears burden of record, so court presumed trial court correct |
Key Cases Cited
- Fletcher v. Commonwealth, 72 Va. App. 493 (2020) (issues not raised in trial court are ordinarily not considered on appeal)
- Bay v. Commonwealth, 60 Va. App. 520 (2012) (appellate courts presume trial-court judgments correct and appellant bears burden to provide record)
- Dixon v. Dixon, 71 Va. App. 709 (2020) (appellant must provide sufficient record to substantiate claimed error)
- Robinson v. Robinson, 50 Va. App. 189 (2007) (absent sufficient record, appellate court will not consider points of error)
- Francis v. Francis, 30 Va. App. 584 (1999) (pro se litigants must comply with court rules)
- Jay v. Commonwealth, 275 Va. 510 (2008) (failure to include necessary transcripts or statements of facts can be a significant defect warranting affirmance)