The parties lived in a common-law relationship.
After separation, the plaintiff commenced a Small Claims Court action for unjust enrichment, which was administratively dismissed after the defendant argued the court lacked jurisdiction.
The plaintiff then commenced a Superior Court action for unjust enrichment and constructive trust.
The defendant moved to dismiss the action, arguing it was frivolous, barred by res judicata due to the Small Claims Court dismissal, or that there was no genuine issue for trial.
The court dismissed the motion, holding that an administrative dismissal is not a decision on the merits and does not trigger res judicata.
The court also found a genuine issue for trial regarding the plaintiff's contributions to the property.
