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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/retrdrue1201 and id is 1 raw text is: RESTITUTION AND UNJUST ENRICHMENT 3D PART I. INTRODUCTION CHAPTER 1. GENERAL PRINCIPLES § 1. Restitution and Unjust Enrichment C.A.4, 2020. Com. (b) cit. in sup. Home buyers filed a putative class action against real-estate broker that represented them in purchasing a new home and against title company that provided them with settlement services in connection with the sale, alleging that title company paid kickbacks to broker for referring it to plaintiffs in violation of the Real Estate Settlement Procedures Act. The district court granted summary judgment for defendants, finding that plaintiffs failed to show that they suffered an injury-in-fact for purposes of standing, because there was no evidence that plaintiffs were actually deprived of impartial and fair competition among settlement-service providers. Affirming, this court held that plaintiffs could not demonstrate that they suffered an injury based on a theory that defendants were unjustly enriched under Restatement Third of Restitution and Unjust Enrichment § 1, because plaintiffs did not provide any evidence that the benefit purportedly obtained by broker-the kickback worked any harm other than the alleged violation of the Act. Baehr v. Creig Northrop Team, P.C., 953 F.3d 244, 257. Ariz.App.2019. Com. (e)(2) quot. in sup. After a municipal court convicted motorist of violating a state statute criminalizing moving violations that caused serious injury or death, and ordered him to pay restitution in the amount of $61,191.99, the trial court reviewing the case reversed, finding that the award violated a statutory $10,000 cap on restitution for victims of specified criminal driving offenses. Reversing and reinstating the municipal court's order, this court held that the statutory cap violated the right to restitution guaranteed in the Arizona Constitution's Victims' Bill of Rights. The court reasoned that the plain language of the Victims' Bill of Rights implicated the full restoration of a victim's economic loss, consistent with the ordinary meaning of restitution as set forth in Restatement Third of Restitution and Unjust Enrichment § 1. State v. Patel, 452 P.3d 712, 714. Cal.App.2019. Coins. (b), (c), and (e)(3) quot. in sup. In a putative class action, server at a banquet facility filed claims for violations of the state labor statute, intentional interference with advantageous relations, breach of implied contract, and unjust enrichment against facility's owner, alleging that owner failed to distribute the entire amount of a mandatory service charge that it collected from customers to employees who served food or beverages at the facility. The trial court sustained owner's general demurrer without leave to amend, finding, among other things, that California did not recognize a cause of action for unjust enrichment. This court reversed, holding that, even if unjust enrichment did not describe an actual cause of action, the term was synonymous with restitution, which could be a theory of recovery under Restatement Third of Restitution and Unjust Enrichment § 1. The court pointed out that plaintiff alleged that she and her fellow workers were entitled to restitution of the service charges that were wrongfully withheld from them, and noted that restitution was potentially available as a remedy for plaintiff's claims for breach of implied contract and violation of the state labor statute. O'Grady v. Merchant Exchange Productions, Inc., 254 Cal.Rptr.3d 494, 510. COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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