CNR Landscaping & Snow Removal, LLC v. Fair Oaks Commons, LLC

CNR Landscaping & Snow Removal, LLC v. Fair Oaks Commons, LLC et al.

No. UWYCV186039704S

Superior Court of Connecticut, Judicial District of Waterbury, Waterbury

January 23, 2020

UNPUBLISHED OPINION

Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): Gordon, Matthew D., J.

MOTION FOR PERMISSION TO AMEND MOTION OR PLEADING

Judge MATTHEW DALLAS GORDON

The foregoing, having been considered by the Court, is hereby:

ORDER:

This case involves an alleged breach of a snow plowing contract between the plaintiff, CNR Landscaping and Snow Removal, LLC and the defendant, Fair Oaks Commons, LLC. Although the plaintiff’s complaint alleges breach of contract, statutory theft, and a violation of the Connecticut Unfair Trade Practices Act, the plaintiff confirmed through counsel during proceedings before the court on January 21, 2020 that CNR has abandoned these last two causes of action.

The case was tried to the court on November 14, 2019, after which the parties were directed to file post-trial briefs regarding the evidence presented, and the legal theories implicated by the pleadings, including CNR’s claim that a third party named Robert Wilson was authorized to bind Fair Oaks to the contract, and the defendant’s response that Wilson was essentially a "squatter" on its property with no actual or apparent authority to enter into the contract with CNR on its behalf.

Prior to filing its post-trial brief, CNR filed a motion for permission to amend its complaint by adding a claim of quantum meruit "to conform to the evidence adduced at trial." "Quantum meruit is a theory of contract recovery that does not depend upon the existence of a contract, either express or implied in fact ... Rather quantum meruit arises out of the need to avoid unjust enrichment to a party, even in the absence of an actual agreement ... Quantum meruit literally means as much as he has deserved ... Centered on the prevention of injustice, quantum meruit strikes the appropriate balance by evaluating the equities and guaranteeing that the party who has rendered services receives a reasonable sum for those services." Crosskey Architects, LLC v. Poko Partners, LLC, 192 Conn.App. 378, 395, 218 A.3d 133, 146-47 (2019), quoting Gagne v. Vaccaro, 255 Conn. 390, 401, 766 A.2d 416 (2001).

CNR’s proposed amended complaint alleges that CNR provided Fair Oaks with snow plowing, salting, sanding and snow clearing services during the 2016-2017 winter season at its property located at 708-738 Wolcott Street in Waterbury, Connecticut, and that although CNR invoiced Fair Oaks $13, 572.91 for these services, Fair Oaks only paid CNR $5, 700.00, leaving an unpaid balance of $7, 872.91. According to CNR, Fair Oaks has been unjustly enriched by its refusal to pay CNR the reasonable value of its services. Fair Oaks responds that it would be unfair to allow CNR to amend its complaint now to assert a claim of quantum meruit because Fair Oaks would have defended the case differently had it known that such a claim was being asserted.

In deciding whether to grant the plaintiff’s motion, the court is mindful of the following principles that were recently enunciated in Commerce Park Assocs., LLC v. Robbins, 193 Conn.App. 697, 220 A.3d 86, 107 (2019):

"It is indisputable that the...