Question 1

What is the statute of limitations on a breach of contract in California?

Accepted Answer

Four years on a written contract, per Cal. Code Civ. Proc. § 337. Two years on an oral contract, per Cal. Code Civ. Proc. § 339. The clock generally starts at the date of breach, subject to the discovery rule for hidden breaches.

Question 2

What are the elements of a California breach of contract claim?

Accepted Answer

Four elements: (1) a valid contract, (2) the plaintiff's performance or excuse for non-performance, (3) the defendant's breach, and (4) resulting damages. Each element has to be pled with enough facts to give the defendant fair notice and to survive a demurrer.

Question 3

Can I recover attorney fees on a breach of contract?

Accepted Answer

Only if the contract has an attorney-fee clause. Cal. Civ. Code § 1717 makes a one-sided fee clause reciprocal, so even a clause that only mentions one party will be enforced for the prevailing party on either side. No clause means each side typically bears its own fees.

Breach of Contract Evidence Pack (California)

Your breach of contract facts