Summary
The North Carolina Business Court addresses the parties properly named in an unjust enrichment claim after previously granting summary judgment on the plaintiffs’ other claims. The court holds that Andrew Lucas is the only proper plaintiff because he performed the services, and LH Service, Inc. is the only proper defendant because it received the contractual payments and benefits. Summary judgment is denied for LH Service on the unjust enrichment claim and granted for the remaining defendants; claims by Shannon Lucas and SDB Partners of Eden, LLC are dismissed with prejudice.
Holdings
- Andrew Lucas was the only proper plaintiff because he, not Shannon Lucas or SDB Partners of Eden, LLC, performed the services and conferred the alleged benefit on the Defendants.
- LH Service, Inc. was the only proper defendant because the work was performed in furtherance of contracts held by LH Service and LH Service directly received the project payments.
- Summary judgment was denied as to LH Service, Inc. because a triable issue remained regarding whether Andrew was owed compensation for services that benefited LH Service, and summary judgment was granted in favor of Harold Hopper, Linda Hopper, and Tyler Hopper.
Questions Presented
- Whether Andrew Lucas, rather than Shannon Lucas or SDB Partners of Eden, LLC, was the proper plaintiff for the unjust-enrichment claim.
- Whether LH Service, Inc., rather than Harold Hopper, Linda Hopper, or Tyler Hopper, was the proper defendant for the unjust-enrichment claim.
- Whether summary judgment should be denied as to LH Service, Inc. and granted as to the other Defendants on the unjust-enrichment claim.
Disposition
other
Cases Cited (18)
- 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)
- United Cmty. Bank (Ga.) v. Wolfe, 369 N.C. 555, 558 (2017)(followed)
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Cited In (0)
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