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mdbt5_07.doc - IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY...

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IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND FOUNTAIN SQUARE PROPERTIES, LLC , : : Plaintiff : : v. : Case No. 257398-V : GROSVENOR HOUSE ASSOCIATES, LP ET AL., : : Defendants. : MEMORANDUM AND ORDER On August 23, 2007, the Court held a hearing on the Defendants’ motion for summary judgment on Counts IV and V of the Second Amended Complaint. 1 The Court also heard the Plaintiff’s Motion to Compel Production of Documents based on the Crime-Fraud Exception to the Attorney-Client Privilege. At the conclusion of the hearing the Court took both motions under advisement. All submissions have been reviewed and the motions are now ripe for decision. No further hearing is necessary. Phillips v. Venker , 316 Md. 212, 219 & n. 2 (1989). I. In Maryland, summary judgment may only be granted if two conditions are met. First, the moving party must establish there is no genuine dispute as to any material fact. Second, the moving party must establish that it is entitled to judgment as a matter of law. Maryland Rule 2- 501(f). David A. Bramble, Inc. v. Thomas, 396 Md. 443, 453-54 (2007); City of Baltimore Development Corp. v. Carmel Realty Assocs., 395 Md. 299, 314-15 (2006); Remsburg v. Montgomery , 376 Md. 568, 579-80 (2003). Absent the concurrence of both elements, the motion must be denied. Okwa v. Harper , 360 Md. 161, 177-78 (2000); Green v. H & R Block, Inc. , 355 Md. 488, 502 (1999); Warner v. German , 100 Md. App. 512, 516-17 (1994). As well, 1 Previously, the Court denied the Defendants’ motion to dismiss counts IV and V of the Second Amended Complaint (the fraud counts) but granted the Defendants’ motions to dismiss counts I, II, and III (the contract counts), because the substance of these counts had been previously dismissed by Judge Thompson as legally insufficient to established a binding contract for the purchase and sale of the property in question. See Cochran v. Norkunas , 398 Md. 1, 21 (2007).
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the Court has the discretion to deny summary judgment, even if the technical requirements of Maryland Rule 2-501 have been met. Dashiell v. Meeks , 396 Md. 149, 164-65 (2006); Porter Hayden Co. v. Commercial Union , 339 Md. 150, 164-65 (1995); Metropolitan Mortgage Fund, Inc. v. Basiliko , 288 Md. 25, 28 (1980); Mathis v. Hargrove , 166 Md. App. 286, 306 (2005). Facts are material for summary judgment purposes if they “somehow affect the outcome of the case.” King v. Bankerd , 303 Md. 98, 111 (1985). “Facts that do not pertain to the core questions involved are not ‘material’ and, consequently, are insufficient to avert a proper motion for summary judgment.” Warner , 100 Md. App. at 517. Nevertheless, if the material facts, even if undisputed, are susceptible to more than one permissible inference, the choice between those inferences should not be made as a matter of law, but should be submitted to the trier of fact. Haas v. Lockheed Martin Corp. , 396 Md. 469,478-79 (2007); United Services Auto Ass’n v. Rily , 393 Md. 55, 66-67 (2006). Also, summary judgment is generally not appropriate when: (i) matters such as knowledge, intent, and motive are essential elements of a claim or defense; and (ii) are truly at issue in the case. Okwa , 360 Md. at 178; Brown v.
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