Unjust Enrichment - 1643 Words

[Caption] Now comes Defendant, Wells Fargo Bank, N.A. (Wells Fargo), and moves this Court for judgment on the pleadings, pursuant to Civil Rule 12(C). In light of this Courts January 22, 2009 Decision and Entry Granting Defendant Wells Fargo N.A.s Partial Motion to Dismiss, the only remaining claim asserted against Wells Fargo by Plaintiff, Apex Restoration, LLC (Apex), is its second claim, alleging unjust enrichment. However, construing all material allegations in the Complaint as true, Wells Fargo is entitled to judgment against Apex as a matter of law because Apex did not confer the benefit by which Apex claims Wells Fargo was unjustly enriched. The grounds for this motion are more fully set forth in the attached Memorandum.†¦show more content†¦Ethridge (Oct. 23, 2000), Warren App. No. CA2000-02-017, unreported (citing Hambleton v. R.G. Barry Corp. (1984), 12 Ohio St. 3d 179, 183 465 N.E.2d 1298.). In its Complaint, Apex states, Defendants, in failing to return the $ 29,907.48 payment issued by the Nationwide Insurance Companies, have been unjustly enriched in the sum of $29,907.48. Complaint,  ¶23. Therefore, Apexs theory of unjust enrichment is that Wells Fargo was unjustly enriched by the retention of the $29,907.48 paid by Nationwide. However, because Nationwide--not Apex--submitted the payment to Wells Fargo, Apexs unjust enrichment claim fails as a matter of law. In deciding a case analogous to the case at bar, the Twelfth District Court of Appeals has explained unjust enrichment as follows: Unjust enrichment of a person occurs when he has and retains money or benefits which in justice and equity belongs to another. Recovery under the doctrine of unjust enrichment requires a trial court to impose a quasi-contractual relationship upon the parties. Quasi-contracts are not true contracts, but are merely a legal fiction, an equitable legal vehicle for obtainingShow MoreRelatedChange of Position Balances the Hardship between the Claimant and the Defendant909 Words   |  4 PagesUpon fulfillment of the four criteria, namely that the defendant has been unjustly enriched at the claimant’s expense and there are no defences available for the defendant, a claimant will qualify for restitution of unjust enrichment as established in Banque Financiere de la Cite v Parc (Battersea) Ltd. Change of position is one of the numerous defences which may be used when it would be excessive to allow a restitution claim at the defendant’s expense. 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Most cases of recipient liability are not really two party situationsRead MoreNon-Consensual Property Rights2423 Words   |  10 Pagesthat there may be problems with the orthodox classification suggested by Professor Birks[1]. This is a division between wrongs, unjust enrichment and a residual category of ‘other events’. The events that are capable of ‘creating’ property rights that arise other than through manifestations of consent are all wrongs, examples of unjust enrichment, or something else. It is not within the strict remit of the question to assess whether proprietary rights should arise in theRead MoreSherman V. Church of Divine Light (Causes of Action)1025 Words   |  5 Pageschurch not allowing them to see their own child is negligence, because his parents does not know whether the child is in good health or not. Tom Marsden also told Rob Jr. that he has to ask his parents for money to cover his expenses, which is unjust enrichment. 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However, Aquinas explained this in terms of unjust enrichment, in that when a party voluntarily (intentionally or negligently) harms another, they have chosen to use the wronged parties resources, thus requiring restoration and thus, corrective justice . B Distributive Justice Distributive justice, as