MSJ Victory in Arizona
Ryan Swartz, a partner in the firm’s Arizona office, recently obtained summary judgment in defense of an action for money paid by the Plaintiff to remodel a home owned by one of the Defendants. Although Plaintiff was living in the home with the owner’s sister, and spent over $40,000 remodeling, he did so without ever advising the owner. Following his eviction, Plaintiff sued under contract and unjust enrichment theories to recover the money spent on the remodel. Ryan successfully argued there was no unjust enrichment since the services were volunteered and the owner was never advised about the remodel. As to the sister, there was no contract to share in the expenses or reimburse Plaintiff, and since she did not own the home, she could not be enriched by any increase in the property’s value. The Court dismissed the action in its entirety, and the Defendants are now in a position to recover attorneys’ fees and costs from Plaintiff under Arizona law.