Summary
Plaintiff (FCFCU) took possession of the property on 12/9 but failed to transfer utility billing into their name. Consequently, they are consuming electricity and water at the Defendant’s expense, constituting a theft of services and unjust enrichment.
Elements Checklist
- Evidence of active usage post-removal
- Proof of billing in Defendant’s name
- Failure of Plaintiff to mitigate/transfer
Legal Basis
- Conversion (Theft of Services)
- Unjust Enrichment
- Failure to Mitigate Damages
Facts & Timeline
- 2025-12-09: Plaintiff takes possession.
- Ongoing: AES and Citizens Energy continue to bill Defendant for property usage.
Evidence Links
Disposition
Decision:
- Keep