· 12/3/1992
First Nationwide Savings v. Perry
Citations
- 11 Cal. App. 4th 1657
- 15 Cal. Rptr. 2d 173
- 93 Cal. Daily Op. Serv. 108
- 93 Daily Journal DAR 189
- 1992 Cal. App. LEXIS 1509
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that complaint stated a cause of action for unjust enrichment
- “Unjust enrichment is an equitable remedy at common law which involves (1) receipt of a benefit and (2) unjustified retention of that benefit at another’s expense.”
- “An individual is required to make restitution if he or she is unjustly enriched at the expense of another.”
- “A 16 quasi-contract action, in the form of a common count for money had and received, to 17 recover money obtained by fraud (waiver of tort) or mistake, is governed by the fraud 18 statute.”
- restitution available when defendant unjustly enriched at expense of plaintiff
- common count governed by three-year limit in § 338(d)
Source: CourtListener parenthetical corpus (CC0).
Judges: Elia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.