Judge William H. Pauley
The Lembi Group is a related group of real estate companies, trusts, and individuals. Under a June 2009 agreement it retained Cobblestone Advisory Group to negotiate loan extensions so as to avoid default. In addition to a $30,000 retainer the agreement required Lembi to pay Cobblestone $50,000 for each six-month extension negotiated. Under the agreement Cobblestone secured 14 extensions—two of which it waived payment—for which it claimed entitlement to $570,000 in its lawsuit for contract breach, account stated, and unjust enrichment. Lembi Group breached the 2009 agreement by not paying Cobblestone anything beyond the $30,000 retainer. Further it breached the agreement to the extent it did not pay Cobblestone for securing each of the loan extensions negotiated. Thus Cobblestone was entitled to summary judgment. However given Cobblestone’s effort to enforce Lembi Group’s obligations under the 2009 agreement, Lembi Group was granted summary dismissal of Cobblestone’s account stated claim. Because Cobblestone performed its obligations under the agreement, no evidence supported Lembi Group’s false representation counterclaim.
