IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISIONponse to
SECOND NORTHWEST COOPERATIVE
HOMES ASSOCIATION, INC.
Case No.: 2021 CA 003966 B
Judge: Fern Flanagan Saddler
Next Event: Initial Hearing
January 28, 2022
PLAINTIFF’S RESPONSE TO DEFENDANT’S REPLY TO PLAINTIFF’S
OPPOSITION TO DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT
COMES NOW, Plaintiff MONIQUE HEADLEY, pro se, files this Response to
Defendant’s Reply to Plaintiff’s Opposition to Defendant’s Motion to Dismiss Plaintiff’s
Complaint in the instant case and in support thereof, states as follows:
- The Plaintiff does not seek to introduce any new fact and/or evidence. According to
Super. Ct. Civ.R. 12-I, a party responding to a Motion to Dismiss is entitled to present
opposing points and authorities in the said Response. Further, a material factual dispute
must be pleaded as required by Super. Ct. Civ. R. 12-I(k) and 56(e). The Plaintiff
therefore avers that she is entitled to produce all facts to support her averments in her
Response to Defendant’s Motion to Dismiss. Plaintiff further maintains that her Response
to the Motion to Dismiss raises the factual allegations in the Complaint, and that she has
not included any new evidence and/or fact.
- The Plaintiff has presented sufficient facts to raise a claim/claims for relief. “Under
Super. Ct. Civ. R. 8(a) and (e), a complaint is sufficient so long as it fairly puts the
defendant on notice of the claim against him.” Scott v. District of Columbia, 493 A.2d
319, 323 (D.C. 1985) (citation omitted) (Emphasis added). Furthermore, “[a] complaint
should not be dismissed because the court doubts that a plaintiff will prevail on a claim.”
Duncan v. Children’s Nat’l Med.Ctr., 702 A.2d 207, 210 (D.C. 1997) (citation omitted).
Nor should a complaint be dismissed under Rule 12(b)(6) on the ground that no “evidence
[has] been offered by Plaintiffs” since the Court “tak[es] the facts alleged in the complaint
as true,” Casco Marina Dev., L.L.C., 834 A.2d at 81, and the presentation of evidence to
counter a Rule 12(b)(6) motion is not required. Further, the required pleading standard
“does not require ‘detailed factual allegations,’ See Bell Atl. Corp. v. Twombly, 550 U.S.
544, 545, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). In light of the foregoing, Plaintiff
avers that she has pleaded factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged.
- It is trite law that a tort must stand as a tort even if the contractual relationship did not
exist. Carter v. Bank of America, N.A., 888 F.Supp.2d 1, 15 (D.D.C.2012) (quoting
District of Columbia v. Straus, 607 F.Supp.2d 180, 1840–54 (D.D.C.2010). Accordingly,
a tort claim must stand when there are facts separable from the terms of the contract upon
which the tort may independently rest and when there is a duty independent of that arising
out of the contract itself, so that an action for breach of contract would reach none of the
damages suffered by the tort. Choharis v. State Farm Fire & Cas. Co., 961 A.2d 1080,
1088–89 (D.C.2008); see also Plesha v. Ferguson, 725 F.Supp.2d 106, 112–13
(D.D.C.2010). In the instant action, the Plaintiff avers that even absent a contractual
relationship, the Defendant are subject to common law duty of reasonable care to avoid
causing emotional distress to another individual. Therefore, the Defendant ought to avoid
any action and/or inaction, which would occasion emotional distress.
WHEREFORE, Plaintiff, MONIQUE HEADLEY, prays that this Honorable Court
dismisses and/or denies Defendant’s Response to Plaintiff’s Opposition to Defendant’s Motion
to Dismiss Plaintiff’s Complaint. Plaintiff also prays this Honorable Court grants any other relief
that the Court deems just.
[ENTER YOUR ADDRESS]
CERTIFICATE OF MAILING
Defendant affirms that a copy of the above was served upon the Defendant to this action by
electronic and/or U.S. mail to her respective address as stated below:
[ENTER YOUR ADDRESS]
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