Entitlement to a Constructive Trust In Arizona
In Arizona, the proof necessary to establish entitlement to a constructive trust is clear and convincing evidence. Harmon, 126 Ariz. at 244, 613 P.2d at 1300.
The Court of Appeals will not interfere with the trial court's determination as to the sufficiency of the evidence unless it can be said that, as a matter of law, no reasonable person could have agreed with it. See L.M. White Contracting Co. v. Tucson Rock & Sand Co., 11 Ariz. App. 540, 545, 466 P.2d 413, 418 (1970) (citing Murillo v. Hernandez, 79 Ariz. 1, 9, 281 P.2d 786, 791 (1955)).
Because imposition of a constructive trust is an equitable remedy, no set or unyielding formula exists for a court to impose one. Turley, 213 Ariz. at 643, 9, 146 P.3d at 1285 (citing Chirekos v. Chirekos, 24 Ariz. App. 223, 224, 537 P.2d 608, 609 (1975)).