Morrissette

MEMORANDUM *

Hyon Morrissette appeals the district court’s order granting summary judgment in favor of A & W Alaska, Inc.; Mountain View Shell; Food Mart and A & W Restaurant; Lisa Suzuki; and Terry Suzuki (collectively “Defendants”). We have jurisdiction under 28 U.S.C. § 1291 . Because the parties are familiar with the facts, we do not recite them here.

A triable issue of material fact exists as to whether Morrissette is entitled to recover restitution under the quasi-contractual doctrine of unjust enrichment. See Alaska Sales & Serv., Inc. v. Millet, 735 P.2d 743, 746 (Alaska 1987). Morrissette submitted a sworn affidavit stating that she returned possession of the station to Suzuki only after Suzuki promised to buy the station. When Suzuki decided not to buy the station, he did not give possession of the station back to Morrissette, but instead surrendered the station to Shell in exchange for a release of his obligations to Shell. There is also evidence from which a reasonable trier of fact could conclude that the station had value at the time Suzuki surrendered it to Shell. Morrissette has raised a triable issue of material fact that were Suzuki allowed to retain the value…