What are the elements of a cause of action for constructive trust?

California, United States of America


The following excerpt is from Jackson v. Hoxie, G050082 (Cal. App. 2014):

Appellants cite Martin v. Kehl (1983) 145 Cal.App.3d 228 as stating the elements of a cause of action for constructive trust, and argue that respondents have failed to provide any evidence in support of those elements. "'A constructive trust is a remedial device primarily created to prevent unjust enrichment; equity compels the restoration to another of property to which the holder thereof is not justly entitled . . . .' [Citations.]" (Id. at p. 237.) "'The essence of the constructive trust theory is to prevent

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