Pajic v. Foote Properties, LLC, 72 A.3d 140 (2013)

Citation: Pajic v. Foote Properties, LLC, 72 A.3d 140 (2013)
Parent Document: Pajic v. Foote Properties, LLC, 72 A.3d 140 (2013)
Jurisdiction: DC (municipal)
Effective Date: 2013-07-25
Original Source: https://www.courtlistener.com/opinion/5146856/pajic-v-foote-properties-llc/ ↗

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After the close of discovery, Foote Properties moved for summary judgment as to both its claim and Mr. Pajic’s counterclaims. Foote Properties also requested attorneys’ fees, which at that point it calculated to be approximately $11,000. The trial court granted the motion for summary judgment as to Foote Properties’ breach of contract claim, but sua sponte converted Foote Properties’ motion for summary judgment on Mr. Pajic’s three *144counterclaims into a motion to dismiss. The court then dismissed Mr. Pajic’s counterclaims pursuant to Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009),2 because it determined these claims did not “plausibly give rise to an entitlement to relief.” Regarding Mr. Pa-jic’s first counterclaim (for breach of contract), the court reasoned that Mr. Pajic had failed to allege either a duty that Foote Properties had breached or damages therefrom. Lastly, the court ruled that “there is no material issue of disputed fact as to the obligation of Defendant to pay the attorneys fees and costs associated with the instant action pursuant to the lease agreement.” Ultimately the court awarded Foote Properties $8,200 in damages plus attorneys’ fees, which had risen to $44,519.67.3 II. The Attorneys’ Fees Award

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