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Seaview Apartments v. Newport News — opinion, 2009-24-1

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- 9 - 2. Space Virginia law does not define this factor, but in Funny Guy, the Supreme Court implied it relates to the amount owed or the work provided. Funny Guy, 293 Va. at 155 (“Evaluating the ‘time’ and ‘space’ factors reveals a single payment dispute—concerning the same money for the same work—that was ongoing and uninterrupted.” (citation omitted)). In this case, the circuit court found that “[t]he . . . space factor for each water bill [wa]s different as the amount sought under each bill [wa]s for a different billing period.” 3. Origin Again, Virginia law does not define this factor. But the Supreme Court, in Funny Guy, implied it is linked to motivation. Id. at 155. The circuit court concluded that “[t]he origin for each water bill sought . . . [wa]s different because each bill originate[d] from a different billing period and for a different amount of water that was provided.” 4. Motivation The circuit court found that the City’s “motivation for recovery for each unpaid water bill due in this suit [wa]s the same.” The City “want[ed] to get paid for the water [and sewer services] that it provided.” 5. Convenient Trial Unit Something forms a convenient trial unit if it “fit[s] within a single factual narrative.” Id. See generally Fox, 234 Va. at 418-20, 423 (holding joinder was appropriate even though multiple claims were brought against various defendants for actions that occurred in different locations because the alleged misconduct, all of which related to the production and promotion of a single concert, arose from a single transaction or occurrence). Relevant to this factor, the circuit court noted only that, “[w]hile each transaction may form a convenient trial unit, no single factor [wa]s dispositive [i]n the [c]ourt’s analysis.”
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