Cited by
Opinions in Arizona that cite City of Sierra Vista v. Cochise Enters., Inc., 697 P.2d 1125.
- Self v. Higher Logic Ariz. Ct. App. Div. 1 2020
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Self v. Higher Logic
Ariz. Ct. App. Div. 1 2020
¶18 Self also claimed appellees were unjustly enriched when they failed to pay her for “services, labor, and other benefits received.” “Unjust enrichment occurs whenever a person has and retains money or benefits which in justice and equity belong to another.” City of Sierra Vista v. Cochise Enters., Inc.
- Barkley v. Icep Ariz. Ct. App. Div. 1 2018
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Barkley v. Icep
Ariz. Ct. App. Div. 1 2018
A party is unjustly enriched when he or she “retains money or benefits which in justice and equity belong to another.” City of Sierra Vista v. Cochise Enters., Inc., (citation omitted).
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Palmer v. City of Phoenix
393 P.3d 938
Ariz. Ct. App. Div. 1 2017
City of Sierra Vista v. Cochise Enters., Inc.
- Estrada v. Figari Ariz. Ct. App. Div. 1 2015
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Estrada v. Figari
Ariz. Ct. App. Div. 1 2015
Based on this record, the superior court erred in granting summary judgment in favor of Estrada.7 7 Apart from the breach of contract claim, Estrada alleged an unjust enrichment claim “[i]n the alternative.” To prevail on such an equitable claim, Estrada was required to show an “absence of a remedy provided by law.” See City of Sierra Vista v. Cochise Enters., Inc.
- Klee v. Lunn Ariz. Ct. App. Div. 1 2014
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Klee v. Lunn
Ariz. Ct. App. Div. 1 2014
See City of Sierra Vista v. Cochise Enters., Inc.
- Freeman v. Sorchych 245 P.3d 927 Ariz. Ct. App. Div. 1 2011
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Freeman v. Sorchych
245 P.3d 927
Ariz. Ct. App. Div. 1 2011
City of Sierra Vista v. Cochise Enters., Inc., -82 , -32 (App.1984) (citing A & A Metal Bldgs, v. I-S, Inc., 274 N.W.2d 183 (N.D.1978)).
- Canyon Ambulatory Surgery Center v. SCF Arizona 239 P.3d 733 Ariz. Ct. App. Div. 1 2010
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Canyon Ambulatory Surgery Center v. SCF Arizona
239 P.3d 733
Ariz. Ct. App. Div. 1 2010
See City of Sierra Vista v. Cochise Enters., Inc., , (acknowledging that the doctrine of quantum meruit is based on the concept that a person shall not be unjustly enriched by obtaining or retaining money or benefits that properly belong to another); Restatement (First) Restitution, § 1 (1937) (“A person who has been unjustly enrich
- City of Bisbee v. Arizona Water Company Ariz. Ct. App. Div. 2 2007
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City of Bisbee v. Arizona Water Company
Ariz. Ct. App. Div. 2 2007
¶19 “The general rule is that a dedicator may impose such restrictions and reservations as he may see fit when dedicating his property to the use of the public subject to the limitation that the restriction or reservation be neither repugnant to the dedication nor contrary to public policy.” City of Sierra Vista v. Cochise Enters., Inc., see also 23 Am.
- Western Corrections Group, Inc. v. Tierney 96 P.3d 1070 Ariz. Ct. App. Div. 1 2004
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Western Corrections Group, Inc. v. Tierney
96 P.3d 1070
Ariz. Ct. App. Div. 1 2004
tutionary relief is allowable only when it would be inequitable or unjust for defendant to retain the benefit without compensating plaintiff.’ ” Creative Learning Sys., , (citing Murdock-Bryant Constr., , ) (emphasis added); see also City of Sierra Vista v. Cochise Enters., Inc., , (stating that unjust enrichment occurs when a person has and retains benefits that in justice and equity belong to another).
- Trustmark Insurance v. Bank One, Arizona, NA 48 P.3d 485 Ariz. Ct. App. Div. 1 2002
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Trustmark Insurance v. Bank One, Arizona, NA
48 P.3d 485
Ariz. Ct. App. Div. 1 2002
City of Sierra Vista v. Cochise Enter., Inc.
- Community Guardian Bank v. Hamlin 898 P.2d 1005 Ariz. Ct. App. Div. 1 1995
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Community Guardian Bank v. Hamlin
898 P.2d 1005
Ariz. Ct. App. Div. 1 1995
City of Sierra Vista v. Cochise Enter., Inc., , Stanley v. American Bathtub Liners, Inc.
- Stapley v. American Bathtub Liners, Inc. 785 P.2d 84 Ariz. Ct. App. Div. 1 1989
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Stapley v. American Bathtub Liners, Inc.
785 P.2d 84
Ariz. Ct. App. Div. 1 1989
City of Sierra Vista v. Cochise Enterprises, Inc.
- Carter v. Safeway Stores, Inc. 744 P.2d 458 Ariz. Ct. App. Div. 2 1987
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Carter v. Safeway Stores, Inc.
744 P.2d 458
Ariz. Ct. App. Div. 2 1987
The five elements of a claim for unjust enrichment are: “(1) an enrichment; (2) an impoverishment; (3) a connection between the enrichment and the impoverishment; (4) absence of justification for the enrichment and the impoverishment and (5) an absence of a remedy provided by law.” City of Sierra Vista v. Cochise Enterprises, Inc.
- State v. Arizona Pension Planning 739 P.2d 1373 Ariz. 1987
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State v. Arizona Pension Planning
739 P.2d 1373
Ariz. 1987
vides for the “flexible, equitable remedy” of restitution “whenever the court finds that ‘the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity’ to make compensation for benefits received.” Murdock-Bryant, 146 Ariz. at 53 , 703 P.2d at 1202 (quoting D. DOBBS, REMEDIES § 4.2, at 435 (1973)); accord City of Sierra Vista v. Cochise Enterprises, Inc., , -53 , -03 (App.1982).
- State v. Arizona Pension Planning 739 P.2d 1369 Ariz. Ct. App. Div. 1 1986
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State v. Arizona Pension Planning
739 P.2d 1369
Ariz. Ct. App. Div. 1 1986
[the party benefitted] should make compensation.” , City of Sierra Vista v. Cochise Enterprises, Inc.
- Blue Ridge Sewer Improvement District v. Lowry & Associates, Inc. 718 P.2d 1026 Ariz. Ct. App. Div. 1 1986
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Blue Ridge Sewer Improvement District v. Lowry & Associates, Inc.
718 P.2d 1026
Ariz. Ct. App. Div. 1 1986
“Quantum meruit is a principal [sic] of equity based on the theory that if one performs work for another and such work is accepted by the other, nonpayment for such work would result in an unjust enrichment to the party benefited by the work.” City of Ingleside v. Stewart, 554 S.W.2d 939, 943 (Tex.Civ.App.1977); City of Sierra Vista v. Cochise Enterprises, Inc.