BRIAN and MARGARET LOISELLE, husband and wife, Plaintiffs/Appellees, v. COSAS MANAGEMENT GROUP, LLC, an Arizona limited liability company; GENE and SUZANNE LINES, husband and wife, Defendants/Appellants., 224 Ariz. 207

Summary

An employee at plaintiff husband's company approached him with a proposition that he provide a short-term loan to defendant company for $ 25,000. Plaintiff issued the check to the company. In fact, the company and plaintiff's employee had not discussed the loan. Plaintiffs claimed that the $ 25,000 payment to the company constituted an unjust enrichment and should be repaid. The trial court granted plaintiffs summary judgment. The Court of Appeals of Arizona agreed in part. Plaintiffs had a valid claim for restitution; however, there were material issues of fact as to the company's equitable defense in that it loaned $ 21,000 to plaintiff's employee after receiving the $25,000 check. Thus, an equitable determination had to be made regarding whether the company should make full restitution. Summary judgment should not have been granted on the issue of joint and several liability, because defendant spouses were not parties to the transaction. The evidence was insufficient to support an ...