Unjust Enrichment

[CaliforniaLady]

What is the name of your state (only U.S. law)? California

In the state of California, is there a statue of limitation time frame in which to file an unjust enrichment complaint?

If the plaintiff provided the defendant with something of value and there was never any expectation of any compensation in return, could an unjust enrichment complaint have any legal value?

Thanks in advance for replys.

 

[tranquility]

Yes, there is a statute of limitations for all things in all states. But, you need to know the facts to know which one applies.

As to a plaintiff who gave a defendant something and then calling it unjust enrichment, I'm intrigued. What are you talking about? Did you give it or did you not? (Or, are you the putative defendant?)

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

In the state of California, is there a statue of limitation time frame in which to file an unjust enrichment complaint?

If the plaintiff provided the defendant with something of value and there was never any expectation of any compensation in return, could an unjust enrichment complaint have any legal value?

Thanks in advance for replys.

There is, and it could.

If we know the basis of the alleged unjust enrichment (as in, was it part of a contract of some sort), we can give you more info on the SOL for that particular legal complaint.

 

[CaliforniaLady]

Wish it was a short story...As the plaintiff I filed a breach of contract against a prior partner. We had a hand written signed agreement that along the way became an oral agreement (due to changes) for 9 years the agreed payments were made then they stopped. Thus my breach filing. I left said property to him and the agreement was for replacement. Now it appears there will be a cross complaint on the basis of unjust enrichment along with his answer (response). It's bogus and interesting because he fullfilled the replacement agreement for 9 years on a 30 year loan, with pen in hand he performed then decided to just stop.
I'm researching for possible legal ways to turn the tide on the cross complaint before a couple of attorneys gain more dollars that the remaining original contract value**************..

 

[tranquility]

What of his does he think you have? The money paid?

While the commonest of the common law causes of action, California courts don't much go for it any more. If that is his only claim, I wouldn't think there is a huge problem. What does he expect for the money?

 

[CaliforniaLady]

Great question, what is my unjust enrichment...have no idea. I'm assuming and won't really have any idea until he and his attorney actually put something together that he will contend that what he has paid is overpayment? Maybe he will want the replacement property with 21 years left on the loan? The loan is in my name so when he defaulted I picked up the payments. While I was attempting to work with him w/out lawyers he missed payments, had late fees, so he has also created a negative effect on my credit. His attorney told mine of the coming cross complaint.
Actually my thoughts are it is a smoke screen to play my money hand as he can pay circles around me. Sometimes when you hold a person accountable they will turn on you no matter if it is reasonable or not.
What about statue of limitations?
By the way, thanks for your response.

 

[tranquility]

From the way you described things, but for the fact the cause of action in CA is disfavored, he might have a good case. The SOL is not going to make this disappear.

 

[CaliforniaLady]

One further question, in what way do you feel he would have a good case? Since he agreed initially to the replacement property and the dollar amount of said property then continued to pay, it's hard for me to understand that when he decides to breach our agreement I have somehow been unjustly benefited. No SL on this so that's not an option for me.

I'm learning, and not sure I like how our legal system works nor the games that are played

 

[tranquility]

Because you have an actual dispute where the value of the items exchanged matters.

 

[CaliforniaLady]

Got it, thanks. The value of the property he gained far overshadows what mine would be worth completely paid. In dollar value atleast 10X's more. Should be interesting......