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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (33)

Full Text

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Alternatively, Foote Properties asserts that the attorneys’ fees award was authorized under the second sentence of 304.4, which provides that “[t]his subsection shall not preclude a court from assessing court or legal fees against a tenant in appropriate circumstances.” But Foote Properties never asked the trial court to exercise this authority to award it attorneys’ fees; instead it cited exclusively to paragraph 23 of the lease. And, unsurprisingly, the trial court never referred to section 304.4 and gave no indication that it was making a discretionary award of attorneys’ fees thereunder.6 Instead, the trial court made clear that the sole basis for its award of attorneys’ fees was the (illegal) fee-shifting provision in the lease.