Campbell v. Ailion Et Al., 790 S.E.2d 68 (Ga. Ct. App. 2016). · Go Syfert
Campbell v. Ailion Et Al., 790 S.E.2d 68 (Ga. Ct. App. 2016). Cases Citing This Book View Copy Cite
132 citation events (132 in the last 25 years) across 9 distinct courts.
Strongest positive: NANOVENTIONS HOLDINGS, LLC v. STEVEN DANIELS A/K/A STEVEN DANIEL (gactapp, 2023-07-17)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
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Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (quoted) NANOVENTIONS HOLDINGS, LLC v. STEVEN DANIELS A/K/A STEVEN DANIEL (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the georgia civil practice act requires only notice pleading and ... pleadings are to be construed liberally and reasonably to achieve substantial justice....
examined Cited as authority (quoted) John Joseph Hildebrand, III v. City of Warner Robins (2×) also: Cited "see"
Ga. Ct. App. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the georgia civil practice act requires only notice pleading and, under the act, pleadings are to be construed liberally and reasonably to achieve substantial justice consistent with the statutory requirements of the act.
discussed Cited as authority (rule) GAIDI REESE v. CHAIANTE FIFE
Ga. Ct. App. · 2026 · confidence medium
“To assert a claim for the breach of . . . a contract, a plaintiff must allege that the parties agreed to the terms of the contract, that consideration was given for the contract, that the defendant thereafter breached the agreement, and that the plaintiff suffered damages as a result of the breach.” Campbell v. Ailion, 338 Ga. App. 382, 386 (1) ( 790 SE2d 68 ) (2016).
discussed Cited as authority (rule) Tenor Capital Partners, LLC v. GunBroker.com, LLC (2×) also: Cited "see"
11th Cir. · 2026 · confidence medium
USCA11 Case: 22-13911 Document: 49-1 Date Filed: 04/10/2026 Page: 18 of 23 18 Opinion of the Court 22-13911 provided a benefit to the defendant with the expectation that the defendant would be responsible for the cost thereof”; and (3) “that the defendant knew of the benefit being bestowed upon it by the plaintiff and either affirmatively chose to accept the benefit or failed to reject it.” Campbell v. Ailion, 790 S.E.2d 68, 73 (Ga. Ct. App. 2016) (citing Crook v. Foster, 775 S.E.2d 286, 289 (2015)).
discussed Cited as authority (rule) Tricia Pridemore in Her Individual Capactiy v. Energy and Policy Institute
Ga. Ct. App. · 2026 · confidence medium
As we have emphasized, “the Civil Practice Act requires only that a complaint give the defendant fair notice of what the claim is and a general indication of the type of litigation involved; the discovery process bears the burden of filling in details.” Campbell v. Ailion, 338 Ga. App. 382, 385 ( 790 SE2d 68 ) (2016) (citation modified).
discussed Cited as authority (rule) EMORY HEALTHCARE, INC. v. JASON H. HARMS (2×)
Ga. Ct. App. · 2026 · confidence medium
Put 30 See Giraldi, 374 Ga. App. at 350-351(1). 18 another way, if, within the framework of the complaint, evidence may be introduced which will sustain a grant of relief to the plaintiff, the complaint is sufficient.31 “An appellate court reviews de novo a trial court’s ruling on a motion to dismiss, accepting as true all well-pled material allegations in the complaint and resolving any doubts in favor of the plaintiff.”32 (a) Declaratory Judgment (Count 1) Dr. Harms asked the trial court to declare both that he was entitled to a hearing and that, because the defendants denied him such …
discussed Cited as authority (rule) Lukas Goodyear, individually and on behalf of all others similarly situated v. Delta Air Lines, Inc.
N.D. Ga. · 2026 · confidence medium
Unjust Enrichment (Count II) Goodyear alleges that Delta “unjustly enriche[d] itself” at his expense when it “fail[ed] to pay overtime even though the employee’s scheduled time has been worked and Delta has received employee labor for the entirety of that scheduled time.” (Compl. ¶ 72.) A claim for unjust enrichment lies where 12 (1) “the defendant induced or encouraged the plaintiff to provide something of value to the defendant”; (2) “the plaintiff provided a benefit to the defendant with the expectation that the defendant would be responsible for the cost thereof”; and (3…
discussed Cited as authority (rule) Monilaw v. Mercedes Benz Group AG
N.D. Ga. · 2025 · confidence medium
To state a claim for unjust enrichment, a plaintiff must allege that the defendant induced or encouraged the plaintiff to provide something of value to the defendant; that the plaintiff provided a benefit to the defendant with the expectation that the defendant would be responsible for the cost thereof; and that the defendant knew of the benefit being bestowed upon it by the plaintiff and either affirmatively chose to accept the benefit or failed to reject it. , 356 Ga. App. 776 , 778 (2020) (quoting 27 , 338 Ga. App. 382, 387 (2016)).
discussed Cited as authority (rule) MILTON SHLAPAK v. VAN DAU (2×) also: Cited "see"
Ga. Ct. App. · 2025 · confidence medium
Campbell v. Ailion, 338 Ga. App. 382, 387 (2) ( 790 SE2d 68 ) (2016).
discussed Cited as authority (rule) Bolling v. Mercedes-Benz USA, LLC
N.D. Ga. · 2025 · confidence medium
Unjust Enrichment Claim “[A] claim for unjust enrichment exists where a plaintiff asserts that the defendant induced or encouraged the plaintiff to provide something of value to the defendant; that the plaintiff provided a benefit to the defendant with the expectation that the defendant would be responsible for the cost thereof; and that the defendant knew of the benefit being bestowed upon it by the plaintiff and either affirmatively chose to accept the benefit or failed to reject it.” , 338 Ga. App. 382, 387 (2016) (citation omitted).
discussed Cited as authority (rule) Patrick E. Tapplin v. Cheryl C. Tapplin
Ga. Ct. App. · 2024 · confidence medium
During this time, the parties were in a marriage, which under Georgia law consists of “‘(1) Parties able to contract; (2) An actual contract; and (3) Consummation according to law.’”19 “[A] cause of action for unjust enrichment will lie only in the absence of an express contract.”20 Although the marriage is not a contract dealing directly with property ownership, after undertaking the second marriage, the two were subject to special rules of property division not applicable to unwed partners.21 It was incumbent on Cheryl to provide proof of the approximate value of 22 Spring Apple …
discussed Cited as authority (rule) MIDDLEBROOKS v. CITY OF MACON-BIBB COUNTY GEORGIA
M.D. Ga. · 2024 · confidence medium
Asserting a claim for breach of an oral contract under Georgia law requires a plaintiff to “allege that the parties agreed to the terms of the contract, that consideration was given for the contract, that the defendant thereafter breached the agreement, and that the plaintiff suffered damages as a result of the breach.” Campbell v. Ailion, 790 S.E.2d 68, 73 (Ga. Ct. App. 2016); see also O.C.G.A. § 13-1-5(b) (“Simple contracts may either be in writing or rest only in words as remembered by witnesses.”).
examined Cited as authority (rule) RONALD MCLEOD v. COSTCO WHOLESALE CORPORATION (9×) also: Cited "see, e.g."
Ga. Ct. App. · 2023 · confidence medium
See also Infrasource, Inc. v. Hahn Yolena Corp., 272 Ga. App. 703, 707 (2) ( 613 SE2d 144 ) (2005) (reviewing trial court’s ruling on directed verdict motion at trial); Edwards v. Central Ga. HHS, 9 plead a more definite statement of [his] fraud claim[s], provided the order identifies the ways in which [his] current complaint fails to conform to the pleading requirements of the Civil Practice Act.” (Citation and punctuation omitted.) Campbell, 338 Ga. App. at 389 (4). 2.
discussed Cited as authority (rule) TOMMY YORK D/B/A YORK BUILDERS v. MARAGARET MOORE
Ga. Ct. App. · 2023 · confidence medium
However, “an enforceable contract may exist even though it rests only in words as remembered by witnesses.” (Citation and punctuation omitted.) Campbell v. Ailion, 338 Ga. App. 382, 386 (1) ( 790 SE2d 68 ) (2016); see also OCGA § 13-1-5 (b).
discussed Cited as authority (rule) Greenberry Industrial, LLC v. ESI, Inc. of Tennessee
N.D. Ga. · 2022 · confidence medium
The Court agrees with GBI and finds that its quasi-contractual claims are properly pleaded as alternate theories of relief to its breach of contract claim. , 991 F.2d 690, 692 (11th Cir. 1993); , 338 Ga. App. 382, 388 (2016).
discussed Cited as authority (rule) McCumber v. Invitation Homes Inc
N.D. Tex. · 2022 · confidence medium
Georgia—Count 9 Under Georgia law, “[a] claim of unjust enrichment will lie if there is no legal contract and the party sought to be charged has been conferred a benefit by the party contending an unjust enrichment which the benefited party equitably ought to return or compensate for.” Campbell v. Ailion, 790 S.E.2d 68, 73 (2016) (quoting Jones v. White, 717 S.E.2d 322, 328 (Ga. Ct. App. 2011)).
discussed Cited as authority (rule) MICHAEL J. BAZEMORE v. U. S. BANK NATIONAL ASSOCIATION
Ga. Ct. App. · 2022 · confidence medium
“We review de novo a trial court’s determination that a pleading fails to state a claim upon which relief can be granted, treating all material allegations set forth in the complaint as true, treating all denials set forth in the answer as false, and resolving any doubts in favor of the plaintiff.” Campbell v. Ailion, 338 Ga. App. 382, 383 ( 790 SE2d 68 ) (2016).
discussed Cited as authority (rule) WISE BUSINESS FORMS INCORPORATED v. FORSYTH COUNTY, GEORGIA
Ga. Ct. App. · 2022 · confidence medium
Wise asserted in its complaint that water from the Feeder Structure 1 Campbell v. Ailion, 338 Ga. App. 382, 383 ( 790 SE2d 68 ) (2016). 2 on the Corner Tract was designed to flow through the Subject Pipe underneath Wise’s property.
cited Cited as authority (rule) Monopoli v. Mercedes-Benz USA, LLC
N.D. Ga. · 2022 · confidence medium
Ga. Sept. 20, 2021) (citations omitted) (citing Campbell v. Ailion, 338 Ga. App. 382, 387 (2016) and quoting Bolinger, 838 F. Supp. 2d at 1367 n.2).
cited Cited as authority (rule) Truong v. Huynh
M.D. Tenn. · 2021 · confidence medium
Campbell v. Ailion, 790 S.E.2d 68, 73 (Ga. Ct. App. 2016) (quoting Jones v. White, 717 S.E.2d 322 (Ga. Ct. App. 2011)).
cited Cited as authority (rule) Woodstone Townhouses, LLC v. Southern Fiber Worx, LLC
Ga. Ct. App. · 2021 · confidence medium
Campbell v. Ailion, 338 Ga. App. 382, 385 ( 790 SE2d 68 ) (2016) (citation omitted).
discussed Cited as authority (rule) KOSHA, LLC v. ALFORD
M.D. Ga. · 2020 · confidence medium
“Thus, a claim for unjust enrichment exists where a plaintiff asserts that the defendant induced or encouraged the plaintiff to provide something of value to the defendant; that the plaintiff provided a benefit to the defendant with the expectation that the defendant would be responsible for the cost thereof; and that the defendant knew of the benefit being bestowed upon it by the plaintiff and either affirmatively chose to accept the benefit or failed to reject it.” Campbell v. Ailion, 790 S.E.2d 68, 73 (Ga. Ct. App. 2016).
discussed Cited as authority (rule) Richard Cates, Administrator of the Estate of Roger D. Cates v. Cynthia Melissa Brown
Ga. Ct. App. · 2020 · confidence medium
“In order for a refusal to charge to be error, the request must be entirely correct and accurate; adjusted to the pleadings, law, and evidence; and not otherwise covered in the general charge.”17 “If the charge as a whole substantially covered the issues to be decided by the jury, we will not disturb a verdict supported by the evidence simply because the charge could have been clearer or more precise.”18 Thus, “where a requested charge is a correct and accurate statement of the law tailored to the facts, it is not necessarily error to fail to charge it if the court sufficiently or su…
discussed Cited as authority (rule) Christine Collins v. Athens Orthopedic Clinic (2×)
Ga. Ct. App. · 2020 · confidence medium
Campbell v. Ailion, 338 Ga. App. 382, 387 (2) ( 790 SE2d 68 ) (2016). 5 “Unjust enrichment is an equitable principle that may be applied when there is no valid written contract between the parties[.]”4 (Citation omitted.) Ga. Dept. of Community Health v. Data Inquiry, 313 Ga. App. 683, 687 (2) ( 722 SE2d 403 ) (2012).
cited Cited as authority (rule) Wayne Lyle v. Fulcrum Loan Holdings, LLC
Ga. Ct. App. · 2020 · confidence medium
(Punctuation omitted.) Campbell v. Ailion, 338 Ga. App. 382, 384-385 ( 790 SE2d 68 ) (2016).
discussed Cited as authority (rule) Investa Services of Ga, LLC v. B.C. Grand, LLC
Ga. Ct. App. · 2019 · confidence medium
Grand attempts to rely on statutes from Title 9, which discusses judgment liens, to argue that the Commissioner violated the law by issuing the executions during the tax appeal, but tax executions are governed instead by Title 48.16 While nothing in Title 48 requires the Commissioner to issue 15 See Decatur Auto Center v. Wachovia Bank, N.A., 276 Ga. 817, 821 ( 583 SE2d 6 ) (2003) (conversion); Campbell v. Ailion, 338 Ga. App. 382, 387-388 (2) ( 790 SE2d 68 ) (2016) (unjust enrichment); Trey Inman & Assocs., P.C. v. Bank of America, N.A., 306 Ga. App. 451, 458 (4) ( 702 SE2d 711 ) (2010) (conv…
cited Cited as authority (rule) Brandon L. Coleman v. Oasis Outsourcing, Inc.
11th Cir. · 2019 · confidence medium
Campbell v. Ailion, 790 S.E.2d 68, 73 (Ga. Ct. App. 2016) (quotations omitted).
cited Cited as authority (rule) Z-Space, Inc. v. Dantannas Cnn Center, LLC
Ga. Ct. App. · 2019 · confidence medium
(Citations and punctuation omitted.) Campbell v. Ailion, 338 Ga. App. 382, 384-385 ( 790 SE2d 68 ) (2016).
cited Cited as authority (rule) The Depository Trust & Clearing Corporation v. Billy N. Jones
Ga. Ct. App. · 2019 · confidence medium
See also Dillingham , supra, 236 Ga. at 303 , 223 S.E.2d 625 ; Osprey Cove , supra, 343 Ga. App. at 443 (6), 808 S.E.2d 425 ; Campbell , supra, 338 Ga. App. at 384-385, 790 S.E.2d 68 .
cited Cited as authority (rule) Reynolds v. Cb&t
Ga. Ct. App. · 2017 · confidence medium
(Citations and punctuation omitted.) Campbell v. Ailion, 338 Ga. App. 382, 388 (2) ( 790 SE2d 68 ) (2016).
cited Cited as authority (rule) SCHROEDER v. DeKALB COUNTY Et Al.
Ga. Ct. App. · 2017 · confidence medium
Campbell v. Ailion, 338 Ga. App. 382, 384 ( 790 SE2d 68 ) (2016) (citations omitted). *757 Decided June 14, 2017 David C.
examined Cited as authority (rule) Walker v. Oglethorpe Power Corp. (4×)
Ga. Ct. App. · 2017 · confidence medium
Dist., Inc., 291 Ga. at 112 (“The Court of Appeals reviewed de novo the trial court’s ruling on the [defendant’s] motion to dismiss, accepting as true all well-pled material allegations in the complaint and resolving any doubts in favor of [the plaintiff].”); Campbell v. Ailion, 338 Ga. App. 382, 383 ( 790 SE2d 68 ) (2016) (“We review de novo a trial court’s determination that a pleading fails to state a claim upon which relief can be granted, treating all material allegations set forth in the complaint as true, treating all denials set forth in the answer as false, and resolving a…
examined Cited as authority (rule) Michael Shapiro v. Oglethorpe Power Corporation (4×) also: Cited "see"
Ga. Ct. App. · 2017 · confidence medium
Dist., Inc., 291 Ga. at 112 (“The Court of Appeals reviewed de novo the trial court’s ruling on the [defendant’s] motion to dismiss, accepting as true all well-pled material allegations in the complaint and resolving any doubts in favor of [the plaintiff].”); Campbell v. Ailion, 338 Ga. App. 382, 383 ( 790 SE2d 68 ) (2016) (“We review de novo a trial court’s determination that a pleading fails to state a claim upon which relief can be granted, treating all material allegations set forth in the complaint as true, treating all denials set forth in the answer as false, and resolving a…
discussed Cited as authority (rule) PETREE v. GEORGIA DEPARTMENT OF TRANSPORTATION Et Al.
Ga. Ct. App. · 2017 · confidence medium
And when reviewing a trial court’s determination that a pleading fails to state a claim upon which relief can be granted, this Court is cognizant of the fact that “the Georgia Civil Practice Act requires only notice pleading and, under the Act, pleadings are to be construed liberally and reasonably to achieve substantial justice consistent with the statutory requirements of the Act.” Campbell v. Ailion, 338 Ga. App. 382, 384-385 ( 790 SE2d 68 ) (2016) (citation and punctuation omitted).
discussed Cited as authority (rule) Pettie v. Ringo (In re White) (2×)
Bankr. N.D. Ga. · 2016 · confidence medium
Unjust Enrichment Although Georgia law states that unjust enrichment is not available if there is a valid written contract between parties, Ga. Dept. of Cmty. Health v. Data Inquiry, 313 Ga.App. 683, 687 , 722 S.E.2d 403 (2012), Georgia law also permits a plaintiff to plead alternative theories of recovery, such that “if the factfinder concludes that [the defendant] did not breach any express contract, questions of fact would exist as to whether [the defendant] is liable under [the theory of unjust enrichment].” Campbell v. Ailion, 790 S.E.2d 68, 74 , 2016 WL 3207905, at *5 (Ga.Ct.App.
discussed Cited as authority (rule) HOWELL Et Al. v. BEAULY, LLC
Ga. Ct. App. · 2016 · confidence medium
This is a “court[ ] for the correction of errors of law made by the trial courts[,] and an error of law has as its basis a specific ruling made by the trial court.” Campbell v. Ailion, 338 Ga. App. 382, 385, n. 3 ( 790 SE2d 68 ) (2016) (citation and punctuation omitted).
discussed Cited "see" Continental Casualty Company v. Winder Laboratories, LLC
11th Cir. · 2023 · signal: see · confidence high
See Campbell v. Ailion, 790 S.E.2d 68, 73 (Ga. Ct. App. 2016) (“[A] claim for unjust enrichment exists where a plaintiff asserts that the defendant induced or encouraged the plaintiff to provide something of value USCA11 Case: 21-11758 Document: 68-1 Date Filed: 07/13/2023 Page: 24 of 30 24 Opinion of the Court 21-11758 to the defendant; that the plaintiff provided a benefit to the defendant with the expectation that the defendant would be responsible for the cost thereof; and that the defendant knew of the benefit being bestowed upon it by the plaintiff and either affirmatively chose …
discussed Cited "see" Ogier as Chapter 7 Trustee v. Young (2×)
Bankr. N.D. Ga. · 2021 · signal: see · confidence high
See Campbell v. Ailion, 338 Ga.App. 382, 386-87 , 790 S.E.2d 68, 73 (2016), citing Jones v. White, 311 Ga.App. 822 , 827–828(1)(b), 717 S.E.2d 322, 328 (2011)(citations omitted).
discussed Cited "see" Nick H. H. Stewart v. Rusty Johnson (2×)
Ga. Ct. App. · 2021 · signal: see · confidence high
See Campbell v. Ailion, 338 Ga. App. 382, 388 (4) ( 790 SE2d 68 ) (2016).
discussed Cited "see" Zephaniah v. Georgia Clinic, P.C. (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
Assocs., Inc. v. Bazemore , 286 Ga. App. 285 , 286, 648 S.E.2d 749 (2007) ; see OCGA § 9-11-9.1 (a) ("In any action for damages alleging professional malpractice ... the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim."). 9 Bazemore , 286 Ga. App. at 286 , 648 S.E.2d 749 ; accord MCG Health, Inc. v. Casey , 269 Ga. App. 125 , 127, 603 S.E.2d 438 (2004). 10 Bazemore , 286 Ga. App. at 286 , 648 S.E.2…
discussed Cited "see" Albert E. Love v. Fulton County Board of Tax Assessors (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See Campbell v. Ailion , 338 Ga.App. 382 , 384, n. 2, 790 S.E.2d 68 (2016). 5 The plaintiffs, however, have misapplied the presumption that applies in this context.
examined Cited "see" Osprey Cove Real Estate, LLC v. Towerview Construction, LLC (4×) also: Cited "see, e.g."
Ga. Ct. App. · 2017 · signal: see · confidence high
See generally Campbell v. Ailion , 338 Ga. App. 382 , 383, 790 S.E.2d 68 (2016) (in reviewing motion to dismiss for failure to state a claim, we "treat[ ] all material allegations set forth in the complaint as true, treat[ ] all denials set forth in the answer as false, and resolv[e] any doubts in favor of the plaintiff").
discussed Cited "see, e.g." Krayla Brice v. Ssa Ne Assets, LLC (2×)
Ga. Ct. App. · 2025 · signal: see also · confidence medium
See also Campbell v. Ailion, 338 Ga. App. 382, 387 (2) ( 790 SE2d 68 ) (2016). 17 (Citation and punctuation omitted.) Ga. Tile Distrib.
discussed Cited "see, e.g." Norman v. FCA US, LLC
E.D. Mich. · 2023 · signal: see also · confidence medium
See Scott v. Mamari Corp., 530 S.E.2d 208, 212 (Ga. Ct. App. 2000); see also Campbell v. Ailion, 790 S.E.2d 68, 73 (Ga. Ct. App. 2016) (“[A] claim for unjust enrichment exists where a plaintiff asserts that the defendant induced or encouraged the plaintiff to provide something of value to the defendant; that the plaintiff provided a benefit to the defendant with the expectation that the defendant would be responsible for the cost thereof; and that the defendant knew of the benefit bestowed upon it by the plaintiff and either affirmatively chose to accept the benefit or failed to reject it.�…
Retrieving the full opinion text from the archive…
Jolaunda Boone Campbell
v.
Bruce Ailion
A16A0239.
Court of Appeals of Georgia.
Jun 8, 2016.
790 S.E.2d 68
2016 WL 3207905
2016 Ga. App. LEXIS 326
H. J. A. Alexander, for appellant., Wagner, Johnston & Rosenthal, S. Bradley Shipe, for appellees.
Branch, Ellington, Mercier.
Cited by 49 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: Court of Appeals of Georgia (2)
Branch, Judge.

Jolaunda Boone Campbell filed suit in Cobb County State Court against Bruce Ailion and two limited liability companies that Campbell alleges Ailion controls: ATL Investments, LLC, and Next Chapter Investments, LLC (collectively, the defendants are referred to herein as “Ailion”). Campbell’s complaint asserted two claims, one of which she labeled “Theft of Labor and Materials,” and the other of which she captioned “Mental Anguish and Emotional Distress and Attorney[[*383] Fees.” Ailion moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Following a hearing, the trial court granted that motion and dismissed Campbell’s complaint with prejudice. Campbell now appeals from that order. For the reasons explained below, we reverse the order of the trial court and remand the case for proceedings consistent with this opinion.

We review de novo a trial court’s determination that a pleading fails to state a claim upon which relief can be granted, treating all material allegations set forth in the complaint as true, treating all denials set forth in the answer as false, and resolving any doubts in favor of the plaintiff. Wylie v. Denton, 323 Ga. App. 161, 162-163 (746 SE2d 689) (2013); Center for a Sustainable Coast v. Ga. Dept. of Natural Resources, 319 Ga.App. 205-206 (734 SE2d 206) (2012), rev’d on other grounds, Ga. Dept. of Natural Resources v. Center for a Sustainable Coast, 294 Ga. 593 (755 SE2d 184) (2014).

In support of Count 1 of her complaint, captioned “Theft of Labor and Materials,” Campbell alleged that she and Ailion entered into an oral agreement for Campbell to oversee the rehabilitation of a residential investment and/or rental property located in Atlanta and owned by Ailion or related entities. [1] Ailion provided Campbell with a budget of $72,275 and an itemized list of repairs and improvements to be made to the property. Although Campbell was not to be compensated for her time, the parties agreed that she would retain contractors to perform the repairs and improvements, that she would fund the work, and that Ailion would then reimburse Campbell. Campbell thereafter spent $43,000 making repairs and improvements to the property, but Ailion only reimbursed her for $26,000, leaving a balance owed of $17,000. Campbell further alleges that Ailion entered into this agreement knowing that Ailion did not intend to reimburse her for any of the work she funded.

In support of Count 2 of her complaint, captioned “Mental Anguish and Emotional Distress and Attorney[ ] Fees,” Campbell alleged that Ailion acted intentionally and in bad faith and that its refusal to reimburse her has caused and continues to cause her “mental anguish and emotional distress.” She further contended that Ailion has caused her “unnecessary trouble and expense,” including forcing her to hire an attorney to file suit in an effort to recover the amounts owed. Campbell therefore requested that the trial court award her compensatory damages, punitive damages, interest on the amount owed, and reasonable costs and attorney fees.

[*384] Ailion moved to dismiss the complaint, asserting that Georgia does not recognize a cause of action for civil theft. Ailion further asserted that because Georgia does not recognize a cause of action for civil theft, Campbell could not premise her claim for emotional anguish on such a theft. Additionally, Ailion argued that Campbell could not pursue both of her claims simultaneously, as both were predicated on the same conduct. [2] In her response, Campbell pointed out that the allegations of her complaint supported, at the very least, a claim for breach of contract.

Following a hearing at which it heard oral argument from the parties, the trial court granted Ailion’s motion to dismiss. In its order, the trial court held that Count 1 failed as a matter of law because Georgia does not recognize a civil cause of action for theft. Additionally, the trial court found that Count 1 could not state a breach of contract claim because Campbell acknowledged “that she was not to be compensated for the services she allegedly performed.” With respect to Count 2, the trial court found that “a claim for damages for mental anguish and emotional distress will not lie where, as in this case, the plaintiff is also claiming pecuniary damages.” The court further found that even though the allegations of Campbell’s complaint might support a claim of fraud, Campbell had failed to “adequately plead” such a claim. Campbell now appeals from the order of dismissal.

Under current Georgia law, it is not necessary for a complaint to set forth all of the elements of a cause of action in order to survive a motion to dismiss for failure to state a claim. Rather, the Georgia Civil Practice Act requires only notice pleading and, under the Act, pleadings are to be construed liberally and reasonably to achieve substantial[*385] justice consistent with the statutory requirements of the Act. Thus, a motion to dismiss for failure to state a claim should not be granted unless the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof. Put another way, if, within the framework of the complaint, evidence may be introduced which will sustain a grant of relief to the plaintiff, the complaint is sufficient.

Babalola v. HSBC Bank, USA, N.A., 324 Ga. App. 750, 752 (2) (751 SE2d 545) (2013) (citations and punctuation omitted). See also Charles H. Wesley Ed. Foundation v. State Election Bd., 282 Ga. 707, 713-714 (1) (654 SE2d 127) (2007) (the Civil Practice Act requires only that a complaint “give the defendant fair notice of what the claim is and a general indication of the type of litigation involved; the discovery process bears the burden of filling in details”) (punctuation and footnote omitted); Lathem v. Hestley, 270 Ga. 849, 850 (514 SE2d 440) (1999) (“the issue is not whether the petition pled a claim in an ideal manner but whether it sufficiently gave [defendant] fair notice of the claim and a general indication of the type of litigation involved”) (citations omitted). Here, the allegations of Campbell’s complaint gave Ailion fair notice that Campbell was asserting a claim for breach of an oral contract. Alternatively, those allegations would also support a cause of action for unjust enrichment (breach of an implied contract), promissory estoppel, and fraud. [3]

[*386] 1. Under Georgia law, an enforceable contract may exist even though it “rest[s] only in words as rememberedby witnesses.” OCGA § 13-1-5 (b). See also Cline v. Lee, 260 Ga.App. 164, 168 (1) (581 SE2d 558) (2003). To assert a claim for the breach of such a contract, a plaintiff must allege that the parties agreed to the terms of the contract, that consideration was given for the contract, that the defendant thereafter breached the agreement, and that the plaintiff suffered damages as a result of the breach. See Cline, 260 Ga.App. at 168 (1). Here, the trial court found that Campbell could not state a claim for breach of an oral contract because she “acknowledges that she was not to be compensated for the services she allegedly performed.” Thus, the trial court appears to have concluded that any oral contract would fail for lack of consideration. The flaw in the court’s reasoning is that it assumes only monetary compensation can serve as the good and valuable consideration required for a contract. Georgia law is clear, however, that things other than money may constitute contractual consideration. See id. (finding an enforceable oral contract where a builder agreed to construct homes in a particular subdivision in exchange for certain promises from the developer). See also OCGA § 13-3-43 (“[i]f the requirement of consideration is met, there is no additional requirement of a gain, advantage, or benefit to the promi-sor or of a loss, disadvantage, or detriment to the promisee”). Here, Campbell alleged that she agreed to oversee the renovation and rehabilitation of certain real property in which Ailion had an interest in exchange for Ailion’s promise to reimburse her for certain budgeted expenditures. These allegations are sufficient to at least state a claim for breach of an oral contract. See Cline, 260 Ga. App. at 168 (1).

2. Alternatively, Campbell’s complaint also states a claim for unjust enrichment.

A claim of unjust enrichment will he if there is no legal contract and the party sought to be charged has been conferred a benefit by the party contending an unjust enrichment which the benefited party equitably ought to return or[*387] compensate for. The concept of unjust enrichment in law is premised upon the principle that a party cannot induce, accept, or encourage another to furnish or render something of value to such party and avoid payment for the value received.

Jones v. White, 311 Ga. App. 822, 827-828 (1) (b) (717 SE2d 322) (2011) (citations and punctuation omitted). Thus, a claim for unjust enrichment exists where a plaintiff asserts that the defendant induced or encouraged the plaintiff to provide something of value to the defendant; that the plaintiff provided a benefit to the defendant with the expectation that the defendant would be responsible for the cost thereof; and that the defendant knew of the benefit being bestowed upon it by the plaintiff and either affirmatively chose to accept the benefit or failed to reject it. See Estate of Crook v. Foster, 333 Ga. App. 36, 39 (1) (775 SE2d 286) (2015); Morris v. Britt, 275 Ga. App. 293, 294 (1) (620 SE2d 422) (2005).

Here, Campbell’s complaint alleges that Ailion, acting as an agent for the property owner and/or acting for Ailion’s own benefit, induced Campbell to spend her own money improving property owned either by Ailion or the entity for whom Ailion was acting as an agent; that it did so by promising Campbell that she would be reimbursed for any monies she spent making certain, itemized improvements; that Ailion was aware of the value of the improvements Campbell funded; and that Ailion has now refused to honor its promise to reimburse Campbell. These allegations are sufficient to state a claim against Ailion for unjust enrichment. Estate of Crook, 333 Ga. App. at 39 (1); Morris, 275 Ga. App. at 294 (1). See also Maloy v. Ewing, 157 Ga. App. 95, 96 (4) (276 SE2d 145) (1981) (where defendant acted as agent for corporate entity that owned real property and held a controlling interest in that entity, defendant could be held liable on the equitable theory of quantum meruit for work done on the property; “[ujnder those circumstances, the jury was entitled to infer that the work done by plaintiffs was of benefit to the defendant personally”).

Ailion attempts to avoid this result by arguing that a cause of action for unjust enrichment will lie only in the absence of an express contract. See Ga. Dept. of Community Health v. Data Inquiry, 313 Ga. App. 683, 687 (2) (722 SE2d 403) (2012) (“[ujnjust enrichment is an equitable principle that may be applied when there is no valid written contract between the parties”) (citation omitted). And because Campbell’s complaint alleges the existence of an enforceable oral contract between the parties, Ailion contends that Campbell may not pursue recovery based on the equitable theory of unjust enrichment. This[*388] argument, however, ignores the fact that “Georgia law . . . permits a plaintiff to proceed to trial on alternative theories of recovery.” Wingate Land & Dev. v. Robert C. Walker, Inc., 252 Ga. App. 818, 821 (1) (558 SE2d 13) (2001) (footnote omitted). Thus,

[i]f [a factfinder] concludes that [Ailion] is liable on [Campbell’s] breach of contract theory, the issue of [Ailion’s] liability under the alternative theories of unjust enrichment and implied contract would become moot. Conversely, if the [factfinder] concludes that [Ailion] didnot breach any express contract, questions of fact would exist as to whether [Ailion] is liable under these [alternative] theories.

Fed. Ins. Co. v. Westside Supply Co., 264 Ga. App. 240, 248 (8) (590 SE2d 224) (2003).

3. Georgia law also provides a cause of action under the equitable doctrine of promissory estoppel. See OCGA § 13-3-44 (a). The elements of such a cause of action “are that the defendant made a promise upon which he reasonably should have expected the plaintiff to rely, the plaintiff relied on the promise to his detriment, and injustice can be avoided only by enforcing the promise because the plaintiff forwent a valuable right.” Vernon v. Assurance Forensic Accounting, 333 Ga. App. 377, 394 (6) (774 SE2d 197) (2015) (citation omitted). See also Sun-Pacific Enterprises v. Girardot, 251 Ga. App. 101, 104 (1) (553 SE2d 638) (2001). In this case, the allegations in Campbell’s complaint that would support a claim for unjust enrichment would also support a claim for promissory estoppel. Id.

4. As the trial court acknowledged, Campbell’s complaint also set forth the elements of a fraud claim. Specifically, Campbell alleged that Ailion represented to her that it would reimburse Campbell if she made certain improvements to the property at issue; that Ailion made this representation with the knowledge that it was false — i.e., knowing that it did not intend to reimburse Campbell; that Campbell justifiably relied on this intentional misrepresentation; and that Campbell suffered damages as a result. See Vernon, 333 Ga. App. at 390 (3) (outlining the elements of a fraud claim under Georgia law). Despite these allegations, however, the trial court found that the complaint failed to plead fraud with sufficient particularity, and that the alleged fraud claim was therefore subject to dismissal under OCGA § 9-11-12 (b) (6). This ruling was in error.

Even assuming Campbell’s complaint failed to set forth a claim for fraud with sufficient particularity, “the proper remedy” for any such insufficiency is an order requiring “a more definite statement, not a dismissal of the complaint or judgment on the pleadings, at least[*389] so long as the plaintiff is able and willing to amend his pleadings to conform to the statutory requirements.” Stewart v. SunTrust Mtg., 331 Ga. App. 635, 637 (1), n. 2 (770 SE2d 892) (2015) (citations and punctuation omitted). On remand, therefore, the trial court may order Campbell to plead a more definite statement of her fraud claim, provided the order identifies “the ways in which [her current] complaint fails to conform to the pleading requirements of the Civil Practice Act.” Babalola, 324 Ga. App. at 755 (2) (c) (citation and punctuation omitted).

Decided June 8, 2016 Reconsideration denied July 28, 2016. H. J. A. Alexander, for appellant. Wagner, Johnston & Rosenthal, S. Bradley Shipe, for appellees.

For the reasons set forth above, the order of the trial court dismissing Campbell’s complaint with prejudice is reversed, and the case is remanded for proceedings consistent with this opinion.

Judgment reversed and case remanded with direction.

Ellington, P. J., and Mercier, J., concur.
1

In the alternative, the complaint appears to allege that Ailion was acting as the authorized agent of the property’s owner.

2

In its reply brief in support of its motion to dismiss, Ailion argued that the current action is related to a previous lawsuit filed by Campbell against a different corporate defendant. Ailion alleged that the previous lawsuit was also based on the improvements Campbell made to the property at issue, and it attached to its reply brief a number of exhibits related to the prior lawsuit. The trial court, however, appropriately declined to take notice of any documents attached to Ailion’s reply brief. As we have explained before, documents attached to a “brief in support of [a] motion to dismiss . . . cannot be considered in deciding the motion to dismiss.” Babalola v. HSBC Bank, USA, N.A., 324 Ga. App. 750, 751, n. 4 (751 SE2d 545) (2013).

Although a trial court has the option to consider evidence attached to a motion to dismiss and brief in support thereof, when it does so it converts the motion to dismiss into a motion for summary judgment, governed by OCGA § 9-11-56. In accordance with this procedure, the trial court has the burden of informing a plaintiff that it will be considering exhibits attached to the defendant’s motion to dismiss and that the plaintiff would have no less than 30 days within which to submit his own evidence in response to the motion for summary judgment.

Id. (citations and punctuation omitted).

3

In its brief, Ailion asserts that Campbell is now barred from asserting that her complaint states a claim for anything other than “Theft of Labor and Materials” and “MentalAnguish and Emotional Distress.” Specifically, Ailion contends that because Campbell did not use the words “breach of contract,” or “unjust enrichment,” she is now barred from arguing that her complaint asserts such claims. This argument, however, confuses appeals from the grant of a motion to dismiss under OCGA § 9-11-12 (b) (6) with appeals from a final judgment entered after a case has been fully litigated on the merits. In the latter situation, a party may not raise a new issue or claim for the first time on appeal. Pfeiffer v. Ga. Dept. of Transp., 275 Ga. 827, 829 (2) (573 SE2d 389) (2002) (“absent special circumstances, an appellate court need not consider arguments raised for the first time on appeal” from a grant of a summary judgment) (footnotes omitted); Williamson v. Strickland & Smith, 296 Ga. App. 1, 5 (5) (673 SE2d 858) (2009) (on appeal from a final judgment entered following trial, a party may not raise an issue not raised in the court below). This rule results from the fact that appellate courts “are courts for the correction of errors of law made by the trial courts . . . [and] [a]n error of law has as its basis a specific ruling made by the trial court.” Felix v. State, 271 Ga. 534, 539 (523 SE2d 1) (1999) (citation omitted). On appeal from the grant of a motion to dismiss however, the question is whether the trial court erred, as a matter of law, in finding that “the pleadings show a complete failure by the plaintiff to state a cause of action.” Wylie, 323 Ga. App. at 162-163. Thus, because claims for breach of contract, unjust enrichment, promissory estoppel, and fraud could be fairly inferred from the allegations of Campbell's complaint, her failure to plead these precise causes of action cannot result in the dismissal of her complaint with prejudice. See Gosule v. Bestco, [*386] Inc., 227 Ga. App. 863, 866 (2) (a) (490 SE2d 532) (1997) (reversing a grant of summary judgment based on the pleadings where the trial court failed to acknowledge the plaintiff’s claim for quantum meruit; although the complaint contained “no claim for quantum meruit and no details outlining such a claim,” the plaintiff was not barred from asserting that theory of recovery, given that it could be fairly inferred from the allegations of the complaint); Ambrose v. Sheppard, 241 Ga.App. 835, 836-837 (528 SE2d 282) (2000) (although plaintiffs’ complaint did not specifically assert a claim for promissory estoppel, they could nevertheless pursue that cause of action where the complaint alleged “facts sufficient to put [the defendant] on notice of such a claim”) (citation omitted). See also Scott v. Scott, 311 Ga.App. 726, 729 (1) (716 SE2d 809) (2011) (“it is no longer necessary for a complaint to set forth all of the elements of a cause of action in order to survive a motion to dismiss”) (citations omitted); Lathem, 270 Ga. at 850.