Summary
The North Carolina Business Court addresses Defendants’ motion for summary judgment on Plaintiffs’ unjust enrichment claim and determines the proper parties to that claim. The court denies summary judgment as to LH Service, Inc., grants it as to Harold, Linda, and Tyler Hopper, and dismisses the claims of Shannon Lucas and SDB Partners of Eden, LLC. The court certifies the dismissal of the unjust enrichment claims against the individual defendants as a final judgment under North Carolina Rule of Civil Procedure 54(b).
Holdings
- Andrew Lucas was the only proper plaintiff because he personally performed the services that allegedly conferred a benefit on the defendants. SDB Partners of Eden, LLC was merely a pass-through entity and did not perform services or otherwise confer a benefit.
- LH Service, Inc. was the only proper defendant on the unjust-enrichment claim. Linda Hopper, Harold Hopper, and Tyler Hopper were not proper defendants.
- Summary judgment was denied as to LH Service, Inc. because the evidence, viewed in the light most favorable to plaintiffs, presented a triable issue on unjust enrichment. Summary judgment was granted in favor of Linda Hopper, Harold Hopper, and Tyler Hopper.
- The court certified its dismissal of the unjust-enrichment claims against Linda Hopper, Harold Hopper, and Tyler Hopper as a final judgment under Rule 54(b), finding no just reason to delay an appeal.
Questions Presented
- Whether Andrew Lucas or SDB Partners of Eden, LLC was the proper plaintiff for the unjust-enrichment claim.
- Whether LH Service, Inc., or Linda Hopper, Harold Hopper, and Tyler Hopper, were proper defendants for the unjust-enrichment claim.
- Whether summary judgment should be denied as to LH Service, Inc. because a triable issue remained regarding unjust enrichment.
- Whether the dismissals of the unjust-enrichment claims against Linda Hopper, Harold Hopper, and Tyler Hopper should be certified as final judgments under Rule 54(b).
Disposition
other
Cases Cited (25)
- Lucas v. Hopper, 2026 NCBC LEXIS 4 (N.C. Super. Ct. Jan. 14, 2026)(followed)
- McGuire v. Lord Corp., 2021 NCBC LEXIS 4, at *1-2 (N.C. Super. Ct. Jan. 19, 2021)(followed)
- Morrell v. Hardin Creek, Inc., 371 N.C. 672, 680 (2018)(followed)
- Kessing v. Nat'l Mortg. Corp., 278 N.C. 523, 534 (1971)(followed)
- Daughtridge v. Tanager Land, LLC, 373 N.C. 182, 187 (2019)(followed)
- McCutchen v. McCutchen, 360 N.C. 280, 286 (2006)(followed)
- Howerton v. Arai Helmet, Ltd., 358 N.C. 440, 470 (2004)(followed)
- Pembee Mfg. Corp. v. Cape Fear Constr. Co., 313 N.C. 488, 491 (1985)(followed)
- Dobson v. Harris, 352 N.C. 77, 83 (2000)(followed)
- Lowe v. Bradford, 305 N.C. 366, 369-70 (1982)(followed)
Showing top 10 of 25.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…