unjust enrichment claim in Ohio

2026Larney, 2019-Ohio-496, at ¶ 26 (7th Dist.), citing Hummel v. Hummel, 133 Ohio St. 520, 527 (1938) (e.g., money paid by mistake, money paid on consideration which happens to fail, money obtained through extortion, or if an oral contract was unenforceable under the statute of frauds because it could not be performed within a year). {¶77} As confirmed by the Ohio Supreme Court, evidence of the following elements is required for an unjust enrichment claim: the plaintiff’s conferring a benefit on the defendant; the defendant’s knowledge of the benefit; and the defendant’s retention of the benefit u

2018Unjust Enrichment Claim {¶ 40} Mills also claims that the trial court erred in granting summary judgment in favor of Cleveland Central Catholic and denying her motion for summary judgment on the school's unjust enrichment claim. {¶ 41} "Unjust enrichment occurs when a person 'has and retains money or benefits which in justice and equity belong to another.' " Johnson v. Microsoft Corp. , 106 Ohio St.3d 278 , 2005-Ohio-4985 , 834 N.E.2d 791 , ¶ 20, quoting Hummel v. Hummel , 133 Ohio St. 520 , 528, 14 N.E.2d 923 (1938).

2024To prevail on an unjust enrichment claim “ ‘[i]t is not sufficient for the plaintiffs to show that [they have] conferred a benefit upon the defendants. [Plaintiffs] must go further and show that under the circumstances [they have] a superior equity so that as against [them] it would be unconscionable for the defendants to retain the benefit.’ ” Id., quoting United States Health Practices, Inc., v. Blake, 10th Dist.

2024Barry Corp., 12 Ohio St.3d 179, 183 , 465 N.E.2d 1298 (1984). {¶40} The doctrine of unjust enrichment “applies when a benefit is conferred and it would be inequitable to permit the benefitting party to retain the benefit without compensating the conferring party.” KN Excavation LLC v. Rockmill Brewery LLC, 5th Dist.

2024No. 00AP- 1002, 2001 Ohio App. LEXIS *6 (Mar. 22, 2001), quoting Katz v. Banning, 84 Ohio App.3d 543, 552 (10th Dist.1992) {¶ 24} At its core, appellants are seeking additional rebates via their claim of unjust enrichment.

2020No. 00AP-1002 (Mar. 22, 2001), quoting Katz v. Banning, 84 Ohio App.3d 543, 552 (10th Dist.1992).

2025See Palm Beach Co., 106 Ohio App.3d at 175 (explaining that the unjust-enrichment claim accrued “at Muskingum County, Case No. CT2024-0014 15 the latest * * * when the last of the alleged overcharges, or false billings or accountings, occurred”).

2013Cuyahoga No. 86327, 2006-Ohio-1725, ¶ 43 . “[A] claim for unjust enrichment accrues on the date that money is retained under circumstances that make it unjust to do so.” Palm Beach Co. v. Dun & Bradstreet, 106 Ohio App.3d 167 , 655 N.E.2d 158 (1st Dist.1995). {¶42} Here, the trial court found the unjust enrichment claim accrued on September 11, 2003, when the last payment of the “trail claims” was made.

2025See, e.g., Musial Offices, Ltd. v. Cty. of Cuyahoga, 2020-Ohio-5426, ¶ 43 (8th Dist.) (because the equitable relief sought in the unjust-enrichment claim really presented a claim for legal restitution, the county was entitled to summary judgment without regard to immunity based on the undisputed evidence presented under Civ.R. 56).

2025Ch. 2723 provided an adequate remedy at law on plaintiff’s unjust enrichment claim); Musial Offices, Ltd. v. Cty. of Cuyahoga, 2020-Ohio-5426, ¶ 26-43 (taxpayers could not recover overpayment of illegal taxes based on an unjust enrichment claim but could recover under specific cause of action created by R.C. 2723.01).

2025Fox Consulting Group, Inc. v. Mailing Servs. of Pittsburgh, Inc., 2022-Ohio-1215, ¶ 10 (1st Dist.). {¶50} But unjust-enrichment claims are “only available in the absence of an enforceable contract.” Deffren, 2021-Ohio-817, at ¶ 10 (1st Dist.).

2024Kent State Univ. v. Manley, 2023-Ohio-4650, ¶ 21 (8th Dist.), citing Deffren v. Johnson, 2021-Ohio-817, ¶ 10 (1st Dist.), and Zara Constr., Inc. v. Belcastro, 2022-Ohio-788, ¶ 62 (5th Dist.). 4 It should also be noted that part of the damages sought at trial under the CSPA claim impermissibly included rescission of the contract and a return of the money the Fischers paid under the terms of the contract along with damages stemming from the alleged CSPA violation.

2022“The elements of an unjust enrichment claim are as follows: (1) a benefit conferred by a plaintiff upon a defendant; (2) knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under circumstances where it would be -33- unjust to do so without payment (i.e., the ‘unjust enrichment’ element).” Crawford v. Hawes, 2013-Ohio-3173 , 995 N.E.2d 966, ¶ 34 (2d Dist.), citing L & H Leasing Co. v. Dutton, 82 Ohio App.3d 528, 534 , 612 N.E.2d 787 (3d Dist.1992).

2022“The elements of an unjust enrichment claim are as follows: (1) a benefit conferred by a plaintiff upon a defendant; (2) knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under circumstances where it would be -33- unjust to do so without payment (i.e., the ‘unjust enrichment’ element).” Crawford v. Hawes, 2013-Ohio-3173 , 995 N.E.2d 966, ¶ 34 (2d Dist.), citing L & H Leasing Co. v. Dutton, 82 Ohio App.3d 528, 534 , 612 N.E.2d 787 (3d Dist.1992).

2019To prevail on an unjust-enrichment claim, a plaintiff must prove: “‘(1) a benefit conferred by a plaintiff upon a defendant, (2) knowledge by the -28- Case No. 1-18-59 defendant of the benefit, and (3) retention of the benefit by the defendant under circumstances in which it would be unjust to do so without payment.’” Savage at ¶ 30, quoting Warneck v. Chaney, 194 Ohio App.3d 459 , 2011-Ohio-3007, ¶ 21 (3d Dist.), citing City Rentals, Inc. v. Kesler, 191 Ohio App.3d 474 , 2010-Ohio-6264, ¶ 12 (3d Dist.), citing Hambleton v. R.G.

2019To prevail on an unjust-enrichment claim, a plaintiff must prove: “‘(1) a benefit conferred by a plaintiff upon a defendant, (2) knowledge by the -28- Case No. 1-18-59 defendant of the benefit, and (3) retention of the benefit by the defendant under circumstances in which it would be unjust to do so without payment.’” Savage at ¶ 30, quoting Warneck v. Chaney, 194 Ohio App.3d 459 , 2011-Ohio-3007, ¶ 21 (3d Dist.), citing City Rentals, Inc. v. Kesler, 191 Ohio App.3d 474 , 2010-Ohio-6264, ¶ 12 (3d Dist.), citing Hambleton v. R.G.

2011Defendant asserts that plaintiff’s claim fails as a matter of law, and, as a result, that defendant is entitled to summary judgment. {¶10} The Tenth District Court of Appeals has held that “the doctrine of unjust enrichment does not apply when a contract actually exists; it is an equitable remedy applicable only when the court finds there is no contract.” Alternatives Unlimited- Special, Inc. v. Ohio Dept. of Edn., Franklin App. No. 08AP-396, 2008-Ohio-6427, ¶23 ; see also Struna v. Ohio Lottery Comm., Franklin App. No. 03AP-787, 2004-Ohio-5576, ¶22 , quoting Turner v. Langenbrunner, Warren Ap

2011UNJUST ENRICHMENT {¶86} With respect to Applied’s claim for unjust enrichment, the Tenth District Court of Appeals has held that “the doctrine of unjust enrichment does not apply when a contract actually exists; it is an equitable remedy applicable only when the court finds there is no contract.” Alternatives Unlimited-Special, Inc. v. Ohio Dept. of Edn., Franklin App. No. 08AP-396, 2008-Ohio-6427, ¶23 ; see also Struna v. Ohio Lottery Comm., Franklin App. No. 03AP-787, 2004-Ohio-5576, ¶22 , quoting Turner v. Langenbrunner, Warren App. No. CA2003-10-099, 2004-Ohio-2814 , ¶38 (“‘Unjust enrichme

2024Padula v. Wagner, 2015-Ohio-2374 , ¶ 48 (9th Dist.), citing Ulmann v. May, 147 Ohio St. 468, 478-479 (1947). {¶ 20} Although there was an express contract between the parties, appellant argues "an express contract will preclude an unjust enrichment claim only in the absence of fraud, bad faith, or illegality." Appellant's Brief at 15.

2008Ullmann v. May (1947) 147 Ohio St. 468 , syllabus four; City of Cincinnati v. Cincinnati Reds (1984) 19 Ohio App.3d 227 . {¶ 56} Since we have upheld the trial court's finding of an express contract covering the amount of recovery, an unjust enrichment claim would be barred since it covers the same subject. {¶ 57} Accordingly, we overrule the sixth Assignment of Error. {¶ 58} For the reasons set forth above, the judgment of the Mount Vernon Municipal Court is affirmed.

2019To prevail on an unjust-enrichment claim, a plaintiff must prove: “‘(1) a benefit conferred by a plaintiff upon a defendant, (2) knowledge by the -28- Case No. 1-18-59 defendant of the benefit, and (3) retention of the benefit by the defendant under circumstances in which it would be unjust to do so without payment.’” Savage at ¶ 30, quoting Warneck v. Chaney, 194 Ohio App.3d 459 , 2011-Ohio-3007, ¶ 21 (3d Dist.), citing City Rentals, Inc. v. Kesler, 191 Ohio App.3d 474 , 2010-Ohio-6264, ¶ 12 (3d Dist.), citing Hambleton v. R.G.

2019To prevail on an unjust-enrichment claim, a plaintiff must prove: “‘(1) a benefit conferred by a plaintiff upon a defendant, (2) knowledge by the -28- Case No. 1-18-59 defendant of the benefit, and (3) retention of the benefit by the defendant under circumstances in which it would be unjust to do so without payment.’” Savage at ¶ 30, quoting Warneck v. Chaney, 194 Ohio App.3d 459 , 2011-Ohio-3007, ¶ 21 (3d Dist.), citing City Rentals, Inc. v. Kesler, 191 Ohio App.3d 474 , 2010-Ohio-6264, ¶ 12 (3d Dist.), citing Hambleton v. R.G.

2026Compare Thrasher Dinsmore & Dolan, LPA v. Ross, 2024-Ohio-1594, ¶ 41, fn. 3 (8th Dist.) (“An unjust-enrichment claim does not support an award of prejudgment interest under R.C. 1343.03(A).”); KN Excavation LLC v. Rockmill Brewery LLC, 2022-Ohio-3414, ¶ 39 (5th Dist.) (“R.C. 1343.03(A) does not allow for an award of prejudgment interest on a judgment for unjust enrichment”); Cantwell Mach.

2026Compare Thrasher Dinsmore & Dolan, LPA v. Ross, 2024-Ohio-1594, ¶ 41, fn. 3 (8th Dist.) (“An unjust-enrichment claim does not support an award of prejudgment interest under R.C. 1343.03(A).”); KN Excavation LLC v. Rockmill Brewery LLC, 2022-Ohio-3414, ¶ 39 (5th Dist.) (“R.C. 1343.03(A) does not allow for an award of prejudgment interest on a judgment for unjust enrichment”); Cantwell Mach.

2026Larney, 2019-Ohio-496, at ¶ 26 (7th Dist.), citing In re Estate of Udell v. Seely, 2016-Ohio-6974, ¶ 9 (7th Dist.) (“The only remedy available to a party in raising an unjust enrichment claim is restitution of the reasonable value of the benefit unjustly conferred.”). {¶78} In the paragraph of the trial court’s judgment entry related to this claim, it was noted the unjust enrichment claim was brought in the alternative to the breach of contract claim.

2018"The elements of an unjust enrichment claim are as follows: (1) a benefit conferred by plaintiff upon defendant; (2) knowledge by defendant of the benefit; and (3) retention of the benefit by defendant in circumstances where retention without payment to plaintiff is unjust." In re Estate of Udell v. Seely, 2016-Ohio-6974 , 71 N.E.3d 724 , ¶ 9 (7th Dist.). {¶17} MYCAP has acknowledged that Appellees have satisfied the first and second elements of unjust enrichment.

2019Tabar at 427-428, 646 N.E.2d 1132 . {¶36} To prove an unjust enrichment claim, the plaintiff must prove that he conferred a benefit on the defendant, the defendant had knowledge of that benefit, and the defendant's retention of that benefit would be unjust under the circumstances.

2013Conversion and Trespass to Chattels {¶63} For its conversion and trespass to chattels claims, the Association alleged that appellees converted the Association’s property and monies inconsistent with the Association’s right of possession, and intentionally used or “intermeddled” with the Association’s property, respectively. {¶64} In Tabar v. Charlie’s Towing Serv., Inc., 97 Ohio App.3d 423, 427-428 , 646 N.E.2d 1132 (8th Dist.1994), this court set forth the requisite elements of conversion as follows: Conversion is the wrongful control or exercise of dominion over the property belonging to ano

2019Cuyahoga No. 99638, 2013-Ohio-4920, ¶ 41 (“An unjust enrichment claim is subject to a six-year statute of limitations.”), citing Thomas v. Kramer, 194 Ohio App.3d 70 , 2011-Ohio-1812, ¶ 45 (8th Dist.), citing R.C. 2305.07.

2019Cuyahoga No. 99638, 2013-Ohio-4920, ¶ 41 (“An unjust enrichment claim is subject to a six-year statute of limitations.”), citing Thomas v. Kramer, 194 Ohio App.3d 70 , 2011-Ohio-1812, ¶ 45 (8th Dist.), citing R.C. 2305.07.

2014Summit No. 26555, 2013- Ohio-2520, ¶ 23, quoting State v. Otten, 33 Ohio App.3d 339, 340 (9th Dist.1986). {¶60} An unjust enrichment claim requires: (1) that plaintiff conferred a benefit on defendant; (2) that the defendant knew of the benefit; and (3) that circumstances exist such that it would be unjust for defendant to retain that benefit without compensating plaintiff.

2007This requires the appellate court to: “review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly lost its way and created such a manifest miscarriage of justice that the [judgment] must be reversed and a new trial ordered.” Id., quoting State v. Otten (1986), 33 Ohio App.3d 339 , 515 N.E.2d 1009 , paragraph one of the syllabus. *615 {¶ 23} As to the installation of the new fence, appellee premises this portion of its cross-appeal entirely on an unjust

2013Nonetheless, for the purposes of this opinion, we will assume, without deciding, that the appellants properly preserved the issue for appeal because we find no error, let alone plain error, in the trial court’s directed verdict on the unjust enrichment claim. {¶ 19} Unjust enrichment occurs “ ‘when a party retains money or benefits which in justice and equity belong to another.’ ” HAD Ents. v. Galloway, 192 Ohio App.3d 133 , 2011- Ohio-57, 948 N.E.2d 473, ¶ 8 (4th Dist.), quoting Cooper v. Smith, 155 Ohio App.3d 218 , 2003- Ohio-6083, 800 N.E.2d 372, ¶ 30 (4th Dist.), in turn citing Liberty Mu

2013Nonetheless, for the purposes of this opinion, we will assume, without deciding, that the appellants properly preserved the issue for appeal because we find no error, let alone plain error, in the trial court’s directed verdict on the unjust enrichment claim. {¶ 19} Unjust enrichment occurs “ ‘when a party retains money or benefits which in justice and equity belong to another.’ ” HAD Ents. v. Galloway, 192 Ohio App.3d 133 , 2011- Ohio-57, 948 N.E.2d 473, ¶ 8 (4th Dist.), quoting Cooper v. Smith, 155 Ohio App.3d 218 , 2003- Ohio-6083, 800 N.E.2d 372, ¶ 30 (4th Dist.), in turn citing Liberty Mu

2026Poston v. Shelby-Love, 2017-Ohio-6980, ¶ 20 (8th Dist.).