COMPLAINT
IN THE SUPERIOR COURT OF THE DISTRICT OF XXX
CIVIL DIVISION
XXX,
Plaintiff,
v.
SECOND NORTHWEST COOPERATIVE
HOMES ASSOCIATION, INC.
Defendant.
Case No.: XXX
Judge: XXX
Next Event: Initial Hearing
XXX
PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S
COMPLAINT
COMES NOW, Plaintiff XXX, pro se, moves to dismiss Defendant’s
Motion to Dismiss Plaintiff’s Complaint in the instant case and in support thereof, states as
follows:
FACTUAL BACKGROUND
Plaintiff is a stock-holder and member of the Defendant’s Corporation. On or about
XXX, Plaintiff entered an Occupancy Agreement with the Defendant.
On or about XXX, Plaintiff filed a Complaint against the Defendant alleging
that the Defendant failed to maintain common areas of the premises. Accordingly, Plaintiff
alleged losses and/or harm suffered including water damage. Further, as a result of Defendant’s
actions and/or inactions, the value of Plaintiff’s property declined, to Plaintiff’s detriment. In that
regard, Plaintiff alleged the following causes of action: breach of contract, breach of fiduciary
duty, negligence, breach of quiet enjoyment, constructive eviction, breach of implied warranty of
habitability, intentional infliction of emotional distress, and negligent infliction of emotion
distress.
On or about XXXX, Defendant wrote Plaintiff seeking Plaintiff’s position
regarding the relief Defendant intended to request in the Motion to Dismiss. Plaintiff denied the
relief and indicated that she would oppose the said Motion.
On or about XXX, Defendant filed a Motion to Dismiss the Plaintiff’s
Complaint.
Plaintiff hereby files this Opposition to the said Motion.
ARGUMENTS
I. STANDARD OF REVIEW
The standard applicable to motions pursuant to Super. Ct. Civ. R. 12(b)(6) to dismiss a
complaint for failure to state a claim upon which relief may be granted was correctly articulated
by the trial judge in her order granting the motion: In deciding a motion to dismiss, the [c]ourt
accepts as true all allegations in the Complaint and views them in a light most favorable to the
nonmoving party. Owens v. Tiber Island Condominium Ass’n, 373 A.2d 890 (D.C. 1977).
Dismissal is impermissible unless it appears beyond doubt that the plaintiff can prove no set of
facts in support of her claim, which would entitle her to relief. Conley v. Gibson, 355 U.S. 41,
41-45, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Abdullah v. Roach, 668 A.2d 801 (D.C. 1995).
Further, “[t]o survive a motion to dismiss, a complaint must contain sufficient factual
matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Potomac Dev.
Corp. v. District of Columbia, 28 A.3d 531, 544 (D.C.2011) (quoting Ashcroft v. Iqbal, 556 U.S.
662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)).
II. RESPONSE TO DEFENDANT’S SPECIFIC ALLEGATIONS
A. Breach of Contract
Defendant alleges that Plaintiff failed to state a valid claim for breach of contract. (See
Memorandum of Points and Authorities in Support of Defendant’s Motion to Dismiss, pp.
4-5). Specifically, Defendant contends that Plaintiff failed to cite specific sections of the
Agreement that Defendant breached. Further, Defendant alleges that the Agreement contains no
provision or duties regarding “common areas”.
Under Article 9 of the Agreement entered between Plaintiff and Defendant, Defendant stated
that it will “provide necessary management, operation, and administration of the project”. (See
the Occupancy Agreement).
B. Breach of Fiduciary Duty
Defendant alleges that Plaintiff has not provided any factual basis to show that the
Defendant has a duty to maintain any common areas. (See Memorandum of Points and
Authorities in Support of Defendant’s Motion to Dismiss, pp. 6-7).
C. Negligence
Defendant alleges that Plaintiff failed to state a claim that Defendant acted negligently. (See
Memorandum of Points and Authorities in Support of Defendant’s Motion to Dismiss, pp.
7-8). Specifically, Defendant alleges that Plaintiff has not shown how Defendant breached the
duty of care. Defendant further alleged that the Plaintiff’s negligence claim is similar to the
breach of fiduciary duty claim, and that it should be dismissed in that regard.
The mission statement of the Defendant raises several obligations of the Defendant. Notably,
the mission statement provides thus: “to maintain buildings and property that are safe, secure,
accessible, and affordable; to upgrade when necessary the existing units, buildings/building
systems, grounds and appliances.” (See Defendant’s Mission, Vision, and Value Statement,
p.1). The mission also provides that the Defendant shall “improve the quality of the business
operation”. Id. Further, the Defendant commits itself to “respond to concerns of staff and
members and deal with them in a reasonable time frame”. Id.
The Defendant’s vision statement also states thus: “we believe that all members should be
treated with respect”. (See Defendant’s Mission, Vision, and Value Statement, p.1). Defendant
further states the following in their vision statement “we will exercise honesty and integrity in all
relationships with members, employees and community.” Id. Interestingly, the value statement
proceeds to state “we believe that a healthy environment is crucial to sustaining the quality of our
lives and community.” Id.
D. Breach of Quiet Enjoyment
Defendant alleges that failed to state a claim to support a finding of breach of quiet
enjoyment because Plaintiff continues to stay in the same property. (See Memorandum of
Points and Authorities in Support of Defendant’s Motion to Dismiss, pp. 8-9). Defendant
further alleges that there was no eviction or disturbance that justify Plaintiff’s claim.
Under Article 6 of the said Agreement, the Defendant committed to ensure the Plaintiff has
peaceful possession of the property.
E. Constructive Eviction
Defendant alleges that failed to state a claim that she was constructively evicted from the
property. (See Memorandum of Points and Authorities in Support of Defendant’s Motion to
Dismiss, pp. 9-11). Specifically, Defendant alleges that the acts alleged by Plaintiff did not
deprive Plaintiff of the enjoyment of the property.
F. Breach of Warranty of Habitability
Defendant alleges that it is not subject to the warrant of habitability. (See Memorandum of
Points and Authorities in Support of Defendant’s Motion to Dismiss, pp. 11-13). Defendant
further alleges that it is a housing cooperative, not a landlord, and is therefore not subject to the
DC Housing Regulations.
The Defendant’s “Second Northwest New Member’s Orientation Information Material”
provides expressly that “the individual is both a tenant because of their lease with the
corporation, and an owner because of their stock ownership and participation in group
governance.” (See Second Northwest New Member’s Orientation Information Material-
Exhibit B). Further, the Defendant’s Handbook provides expressly that the Occupancy
Agreement is “similar to a rental lease.” (See Cooperative Handbook, p. 9).
Article VIII of the Defendant’s By-Laws provides that the Defendant is subject to the rights,
powers, and privileges of HUD. (See By-Laws Second Northwest Cooperative Homes
Association). Further, under Section 8 of Article XI , the Defendant committed itself to monitor
the services it offers by the Professional Management Agent of the housing development. Id.
G. Intentional Infliction of Emotional Distress
Defendant alleges that the Plaintiff fails to provide facts to show that the Defendant’s
conduct amounted to an intentional infliction of emotional distress. (See Memorandum of
Points and Authorities in Support of Defendant’s Motion to Dismiss, pp. 13-14).
H. Negligent infliction of emotional distress
Defendant alleges that Defendant’s relationship with Plaintiff is not of a nature that creates
an obligation to care for Plaintiff’s emotional well-being. (See Memorandum of Points and
Authorities in Support of Defendant’s Motion to Dismiss, pp. 15-16). Defendant further
claimed that it cannot reasonably be held responsible for the emotional well-being of the
Plaintiff.
I. Private Nuisance
Defendant alleges that Plaintiff’s Complaint does not contain facts sufficient to find that
Defendant’s actions have a “degree of permanence” so that they give rise to a finding that a
private nuisance exists. (See Memorandum of Points and Authorities in Support of
Defendant’s Motion to Dismiss, pp. 16-17).
CONCLUSION
WHEREFORE, Plaintiff, XXX, prays that this Honorable Court enter
an appropriate Order dismissing Defendant’s Motion to Dismiss Plaintiff’s Complaint. Plaintiff
also prays this Honorable Court grants any other relief that the Court deems just.
Respectfully submitted,
DATED: __
Signature
XXX
[ENTER YOUR ADDRESS]
Pro Se
CERTIFICATE OF MAILING
Defendant affirms that a copy of the above was served upon the Defemdamt to this action by
electronic and/or U.S. mail to her respective address as stated below:
[ENTER ADDRESS]
Signature
MONIQUE HEADLEY
[ENTER YOUR ADDRESS]
Pro Se
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