Count Five: Unjust Enrichment Sample Clauses

Count Five: Unjust Enrichment. 2 a. The Parties’ Arguments 3 XxXxxxx argues it is entitled to summary judgment on Count Five, XxxxXxxx’s 4 claim for unjust enrichment, for two reasons: (1) under Arizona law, “unjust enrichment 5 claims may not be brought where a ‘specific contract governs [the] parties’ relationship. 6 Here, although the parties disagree as to the interpretation of the Reseller Agreement and 7 its addenda, the validity of the contracts is undisputed”; and (2) the claim is untimely 8 because unjust enrichment claims are governed by a three- or four-year statute of 9 limitations under Arizona law and SiteLock has admitted that its claim accrued “no later 10 than March 3, 2014.” (Doc. 342 at 14.) 11 In response, SiteLock asserts in a footnote that XxXxxxx’s first argument lacks 12 merit because “unjust enrichment is available as an alternative to breach of contract where 13 the plaintiff never received the benefit of the contractual bargain” and, “depending on the 14 facts proven at trial, SiteLock may be entitled to unjust enrichment as an alternative
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