The following excerpt is from Burdette v. Emerald Partners, LLC (In re Cascade AG Servs., Inc.), Adv. No. 15-01060-MLB, BAP No. WW-17-1006-BKuF, BAP No. WW-17-1007-BKuF (Cross-Appeals) (B.A.P. 9th Cir. 2017):
"A person can be enriched by merely receiving a benefit. However, the mere fact that a person benefits another is not sufficient to require the other to make restitution. It is well established that unjust enrichment and liability only occur where money or property has been placed in a party's possession such that in equity and good conscience the party should not retain it." Lynch v. Deaconess Med. Ctr., 113 Wash. 2d 162, 165-66 (1989) (internal citations omitted). To be unjust as between the two parties, the party conferring the benefit must not be a volunteer. Id. at 165 (the enrichment of the defendant must be unjust and the plaintiff cannot be a mere volunteer).
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