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P1452 A restitutional remedy for unjust enrichment (i.e., quasi-contract, quantum meruit) is the result of a common law obligation implied by law and does not arise under contract; dismissal of a cause of action for breach of a contract calling for attorney fees to the prevailing party in an action arising from it makes the defendant the prevailing party entitled to fees incurred in defending the breach of contract cause of action, even though the plaintiff received a recovery on a remaining cause of action styled "unjust enrichment."CitationFDIC v DINTINO (Unjust Enrichment) 167 CA4 333 [See: CCP 337, 338; McBride v Boughton 123 CA4 379; Jogani v Superior Court 165 CA4 901, P/AT 9/08]
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