Cooper

FACTS AND PROCEDURAL BACKGROUND

I.

THE COMPLAINT

Plaintiffs filed a complaint against Suzanne asserting claims for breach of contract, unjust enrichment, promissory estoppel, and fraudulent misrepresentation. The complaint alleged the following facts. In 2006, Suzanne and Christopher were married. In 2008, the Trust loaned Suzanne and Christopher $360,000, which the couple later used to purchase real property in 2009 (the residence). Suzanne and Christopher signed a promissory note providing the Trust a security interest in the residence and stating their agreement to repay the loan on or before March 30, 2018. In June 2016, Suzanne and Christopher legally separated. “From that point forward, [Suzanne] maintained exclusive use and control of the residence.” Pursuant to a court order entitling her to sell the residence, in January 2019, Suzanne sold the residence to a third party for $985,000. Suzanne “thereby received a windfall and kept to herself all of the proceeds from the 2019 sale of the residence” and “did not repay any money due under the promissory note, despite the principal payment being past due and despite the Trust holding a security interest in the residence…