The Ins and Outs of a Breach of Contract in California
Having a client fail to complete their part of the deal as stated in the contract is not uncommon, so you should know how to react promptly. Requirements for filing a breach-of-contract lawsuit are state-specific, so you must be familiar with local laws.
DoNotPay is here to help you understand what constitutes a breach of contract in California and what you can do about it. We also offer help with creating a demand letter and taking the defendant to small claims court should the situation escalate.
Under California law, a breach of contract occurs when the terms of a binding agreement have been violated by one of the signing parties. This can involve:
- Services for failure to make payment
- The breach of complex secured lending instruments and investment securities agreements
The contract you create does not need to be in writing—an oral agreement is also enforceable. It is still better to have written agreements whenever possible because the breach will be easier to prove.
To take action against the breaching party, you will need to prove specific breach-of-contract elements. Refer to the following table for additional information about the required elements in the Golden State:
|Existence of a valid contract||
|Plaintiff’s performance or excuse for non-performance||
|Defendant’s breach of contract||
|Consequential damage to the plaintiff||
When facing a breach of contract, the first step toward solving the dispute is to create a demand letter. This legal document informs the defendant that they have breached the contract and what you suggest they do about the situation. It is important to compose the letter properly to get the best results, and DoNotPay can help you do it!
When creating legal documents, it is best to avoid doing the task independently if you lack the required knowledge. You can avoid hiring a lawyer and save money by using DoNotPay. We will make sure to generate a legal document specifically tailored to your needs, unlike iffy free templates available online.
To get an airtight breach-of-contract demand letter, you should:
- Sign up for DoNotPay
- Choose our Client Breach of Contract product
- Answer requisite questions from our chatbot about the client and the agreement you had
- Add a payment deadline for the client
- Include photographic evidence (if you have any)
In case further legal action is needed, you can count on DoNotPay to help you take the breaching party to small claims court. Our app has the highest qualifications for fighting unreliable businesses and clients since we received the Louis M. Brown Award for Legal Access in 2020. We can help you:
- Collect the necessary paperwork
- Complete the required court forms
- Draft a script with persuasive arguments to use in court
- File the complaint in your stead
DoNotPay can also tell you everything you should know about the affirmative defenses to breach-of-contract to be adequately prepared for the case.
After successfully proving the breach-of-contract elements, you can file a lawsuit but only during a specific period. If you miss the deadline, the case will be dismissed. The period is called a statute of limitations, and the rules and deadlines are state-specific. In California, the statute of limitations is four years for written and two years for oral agreements.
Once you win the lawsuit, you can benefit from a breach-of-contract remedy based on the contract terms. The available remedies in California include:
- Compensatory damages
- Specific performance
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DoNotPay has a solution for any business issue. We can help you:
- Draw up a professional and convincing small business loan request letter and get the necessary funds for your business
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