Karen Stavins Enterprises, Inc. v. Community College District No. 508
36 N.E.3d 1015
Ill. App. Ct.2015Background
- Plaintiff Karen Stavins Enterprises, Inc. (talent agent) sues City Colleges for the value of nine actors’ services in a commercial.
- City Colleges allegedly hired actors through plaintiff for a TV and online production extolling City Colleges’ education.
- Plaintiff asserts City Colleges did not have an express contract but accepted the services and benefited from them.
- City Colleges moved to dismiss under 735 ILCS 5/2-615, arguing lack of compliance with its contract procedures.
- Complaint seeks $13,909.37 plus interest and costs; actors were paid nothing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint states a claim for a contract implied in law | Stavins argues quasi-contract recovery exists | City Colleges contends no implied contract without compliance with procedures | Yes, stated a claim for contract implied in law |
Key Cases Cited
- Urbaitis v. Commonwealth Edison, 143 Ill. 2d 458 (1991) (test for de novo review on 2-615 dismissal; take allegations as true)
- Illinois Graphics Co. v. Nickum, 159 Ill. 2d 469 (1994) (limits outside evidence in 2-615 ruling to pleadings)
- Hayes Mechanical, Inc. v. First Industrial, L.P., 351 Ill. App. 3d 1 (2004) (elements of contract implied in law; unjust enrichment)
- Cannella v. Village of Bridgeview, 284 Ill. App. 3d 1065 (1996) (recovery requires unjust retention of benefits; no explicit contract needed)
- Zadrozny v. City Colleges of Chicago, 220 Ill. App. 3d 290 (1991) (no contract implied in law if express/implicit contract exists on same subject)
- Woodfield Lanes, Inc. v. Village of Schaumburg, 168 Ill. App. 3d 763 (1988) (implied-in-law contract may arise despite failure to follow procurement procedures)
- Wacker-Wabash Corp. v. City of Chicago, 350 Ill. App. 3d 343 (1953) (recognizes contract implied in law against governmental entities)
- Century 21 Castles by King, Ltd. v. First National Bank of Western Springs, 170 Ill. App. 3d 544 (1988) (elements of unjust enrichment and implied contract)
- HPI Health Care Services, Inc. v. Mt. Vernon Hospital, Inc., 131 Ill. 2d 145 (1989) (principles for recovery under contract implied in law)