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
Page 21
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.