What Court Handles Breach of Contract and How Do I File in California?

Before determining where you can file a breach of contract lawsuit in California, you must first understand the basics of breach of contract claims. A breach of contract in California occurs when one party fails to fulfill their obligations under a valid contract. This can happen in several ways, including:

• Non-performance: When one party does not perform their duties as specified in the contract
• Anticipatory Breach: When one party indicates in advance that they will not be able to fulfill their contractual obligations
• Material Breach: When the breach is significant enough to undermine the contract’s purpose
• Minor Breach: When the breach is less significant but still constitutes a failure to perform

If any of the above occurs, then the party that does not fulfill their obligations under the contract will be considered to be in breach of the contract. A breach of contract lawsuit is a legal action taken by one party (i.e., the plaintiff) against another party (i.e., the defendant) for failing to uphold the terms of a contract.

As far as where you can file a breach of contract lawsuit in California, you will most likely file it in Superior Court. The Superior Court handles breach of contract lawsuits most often. However, in order for you to be able to file your breach of contract lawsuit, you must do the following:

• Determine Jurisdiction: First, you must make sure that the court has jurisdiction over your case, which means determining whether or not the court has both personal jurisdiction and subject matter jurisdiction
• Personal Jurisdiction: The court must have authority over the person or entity you’re attempting to sue, which means the defendant must reside, do business, or have sufficient contacts within California
• Subject Matter Jurisdiction: California Superior Courts have jurisdiction over civil cases, including breach of contract, and small claims courts handle cases involving limited monetary amounts up to $10,000 for individuals
• Identify the Proper Venue: Your lawsuit should be filed in the county where the defendant resides or where the contract was breached

As can be seen, determining where to file your breach of contract lawsuit is not as upfront as you may think. A local California attorney will be able to help you determine the proper place to file your lawsuit.

How to Sue for Breach of Contract

Once again, you must first determine the proper place to file your breach of contract lawsuit. After determining the proper place to file, the general steps for suing for breach of contract in California is as follows:

• Prepare Complaint: First, you need to draft a complaint that outlines the parties involved, the terms of the contract, how the contract was breached, and the damages suffered as a result
  • In your complaint, you will need to include any relevant documents, such as the contract, correspondence, invoices, or any evidence supporting your claim
• File the Complaint: Next, you must actually file your complaint to the appropriate Superior Court
  • You can file it online, by mail, or in person, depending on the court’s requirements
• Filing Fee: You will then need to pay the necessary filing fees, with the amount dependent on the type of case and the amount of damages you’re seeking
• Serve the Defendant: You will then need to legally notify the defendant of your lawsuit by serving them with a copy of the complaint and summons
  • This must be done by a third party, such as a professional process server, sheriff, or anyone over the age of 18 who is not involved in the case
• Proof of Service: You then need to file the proof of service with the court to show that the defendant was properly served
• Defendant’s Response Period: After they have been properly served, the defendant will have a limited time (usually 30 days) to respond to your complaint
• Discovery Process: Both parties will then likely exchange information and evidence related to the case, which may include depositions, interrogatories, and requests for documents
• Pre-Trial Motions: Either party may also file motions to resolve the case or specific issues before trial
• Trial: If the case doesn’t settle before trial, then both parties will present their evidence and arguments to a judge or jury for a final decision on the breach of contract issue
• Judgment: If you win the case, the court will issue a judgment in your favor, and you may then seek to collect your judgment from the defendant
• Appeals: If necessary, either party can appeal the court’s decision to a higher court if they believe there was a legal error in the trial process

Importantly, if you win your breach of contract lawsuit, you might be able to recover your attorney’s fees as part of the judgment. However, this will depend on the terms of the contract and specific California laws. In fact, California Civil Code Section 1717 allows the prevailing party in a contract dispute to recover their attorney’s fees if the contract specifically provides for it.

How Long Do I Have to Sue for Breach of Contract?

In California, the timeframe for filing a breach of contract lawsuit will vary based on the contract type. This is known as the statute of limitations. If you fail to bring your claim within the appropriate statute of limitations, then you may be barred from later bringing your claim.

For written contracts, you have 4 years from the date of the breach to file a lawsuit, as per California Code of Civil Procedure Section 337. On the other hand, for oral contracts, you only have 2 years from the date of the breach to file a lawsuit, according to California Code of Civil Procedure Section 339.

You should also be sure to keep in mind that the statute of limitations begins on the date the breach occurred or when you discovered it. However, there are certain circumstances which may pause the statute, such as the defendant being out of state or instances of fraud.

Other examples where the statute of limitations might be tolled in California include:

• Minor or Incapacitated Plaintiff: If the person entitled to sue is a minor (i.e., they are under 18 years old) or they are legally incapacitated, the statute of limitations may be tolled until they reach the age of majority or regain their capacity
• Bankruptcy: If the defendant has filed for bankruptcy, their automatic stay may toll the statute of limitations until the bankruptcy proceedings are concluded
• Continuous Breach: In some cases, if the breach is ongoing, the statute of limitations may not start until the breach has ceased ended
  • In these cases you may want to seek an injunction against the defendant to prevent further damages to yourself
• Defendant’s Concealment: If the defendant fraudulently conceals the breach, the statute of limitations may be tolled until the plaintiff discovers or should have discovered the breach

Should I Get a Lawyer if I Want to File a Breach of Contract Lawsuit?

If you have a legal issue involving a breach of contract, it is recommended to consult an attorney immediately. LegalMatch can assist you in locating and setting up a legal consultation with an experienced California breach of contract lawyer near you.

A breach of contract lawyer will be able to help you understand California’s specific laws regarding contracts, as well as the types of damages that are available for a breach of contract action. Additionally, they will be able to review your contract to ensure that you entered into a valid contract and you can enforce it.

They will also be able to initiate a breach of contract action on your behalf. Furthermore, California law allows for attorneys who are successful in a breach of contract claim to recover their attorney’s fees under certain circumstances. As such, they can be sure to include a claim for their attorney’s fees in your breach of contract lawsuit. Finally, a breach of contract lawyer can also represent you in court, as needed.