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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gomez v. Independence Management of Delaware, Inc., 967 A.2d 1276 (2009)

Citation
Gomez v. Independence Management of Delaware, Inc., 967 A.2d 1276 (2009)
Parent Document
Gomez v. Independence Management of Delaware, Inc., 967 A.2d 1276 (2009)
Jurisdiction
DC (municipal)
Effective Date
2009-03-26

Other Sections in This Document (161)

Full Text

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In their statement of material facts opposing IMDel’s motion for summary judgment, the tenants made several assertions intended to trigger the statutory presumption. For example, they asserted (relying upon an affidavit and sworn deposition testimony) that they were members of the tenants’ association “during the 6-month period prior to service of the 120-day notices at issue in these cases.” IM-Del does not appear to dispute this claim, which is sufficient, by itself, to trigger the presumption. See D.C.Code § 42-3505.02(b)(4), quoted in note 14, supra.