Section 45-1561

Citation: Section 45-1561
Parent Document: Habib v. Thurston, 517 A.2d 1 (1986)
Jurisdiction: DC (municipal)
Effective Date: 1986-10-30
Original Source: https://www.courtlistener.com/opinion/1995493/habib-v-thurston/ ↗

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The tenant's motion to compel discovery specifically requested an award of expenses incurred in preparation. The landlord failed to file a written opposition to this motion. When the tenant raised the matter in the subsequent hearing on her motion to compel, the landlord again had the opportunity to object and state his position; he failed to do so. The court, however, thoroughly explored the interrogatories at issue to determine whether the landlord's refusal to answer was substantially justified before granting the tenant's motions. Not until after the award of attorney's fees did the landlord file a "motion to vacate order granting sanctions" challenging the court's failure to hold a separate hearing. After still another hearing, the court denied his motion. Under these circumstances, we are satisfied the court discharged its obligation to provide the landlord with an opportunity to be heard. Accordingly, we affirm the trial court's award of attorney's fees and expenses. IV.

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