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advocate9700

Cause of Action Unjust Enrichment

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Well, if you are considering filing a lawsuit based on unjust enrichment, then what you need to do depends on the rules of civil procedure for the court in which the case will be filed, the details of the circumstances that you think give rise to an unjust enrichment claim, and the law on unjust enrichment in the state where the claim arises. Not knowing the state or any details of the situation you think may involve unjust enrichment, there isn't much anyone here can tell you. I suggest you see a civil litigation attorney in your state for advice.

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Unjust enrichment is what is known as a quasi-contractual claim. A loan, however, is a contractual agreement. Even if there is no written contract, there almost certainly was an oral or implied contract. Further, there is case law that says that the existence of a contract negates any quasi-contractual claim. Therefore, while you certainly could plead unjust enrichment as an alternative theory of relief, you ought to consider also pleading a cause of action for breach of contract. You can find pleading forms at www.courtinfo.ca.gov/forms. You can (and probably should) also take a look at Bender's Forms of Pleading at Practice, which you can find at any law library. Finally, how much money are we talking about? The CA small claims limit is $7,500. Unless you're significantly over that amount and/or aren't willing to waive any overage, you might be better off in small claims court.

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