Home / Practice areas / Commercial litigation / Breach of contract
Commercial · Contracts
Breach of contract litigation
A breach of contract claim says one side failed to do what the contract required and the other side lost money because of it. Fernald & Zaffos brings and defends contract claims for businesses in California and Nevada, from supply and service agreements to guarantees and oral deals.
Leads this practice
Brandon C. Fernald · Founding Partner
Lead trial counsel in jury trials in Los Angeles Superior Court. Admitted in California, Nevada, North Carolina and Illinois.
Leads this practice
Adam P. Zaffos · Partner
More than 25 years of complex litigation, including business litigation and unfair competition matters. Admitted in California.
What a contract claim requires
In California, a plaintiff must show a contract, its own performance or an excuse for not performing, the other side’s breach, and damages caused by the breach. Most cases turn on what the contract means and what it cost.
Common disputes
- Non-payment for goods or services
- Failure to deliver, late delivery or defective work
- Personal guarantees of business debts
- Termination, exclusivity and non-solicitation clauses
- Disputes over oral agreements and course of dealing
Are verbal contracts enforceable?
Often, yes. California enforces most oral contracts, but the statute of frauds requires a signed writing for some, such as agreements that cannot be performed within a year and contracts for the sale of real property (Civ. Code § 1624). Proving an oral contract depends on emails, conduct and witnesses.
Deadline
Limitation periods differ by state and type of contract
In California, claims on a written contract must generally be filed within four years (Code Civ. Proc. § 337) and on an oral contract within two years (§ 339). In Nevada the periods are six years for written contracts and four for oral contracts (NRS 11.190).
Commercial results
Commercial appeal · Appeal
Affirmed in full
Court of Appeal upheld our client’s judgment on a personal guarantee
California Court of Appeal, Second District
Commercial contract · Arbitration
Prevailed on all claims
Enforced a no-hire clause for a national hospital staffing company
Three-day arbitration
Prior results do not guarantee a similar outcome.
Common questions
Don’t see yours? Call (323) 410-0300.
Are verbal contracts enforceable in California?
Generally yes, unless the statute of frauds requires a writing, as it does for real estate sales and agreements that can’t be performed within a year.
How long do I have to sue for breach of contract?
In California, four years for written contracts and two years for oral ones. In Nevada, six and four years. The contract itself may shorten the period.
Can I recover attorney’s fees?
Only if the contract or a statute provides for them. In California a one-sided fee clause is made reciprocal by Civil Code section 1717.
Does my contract require arbitration?
Many do. We look at the dispute resolution clause first, because it decides where and how the case is heard.
Can a personal guarantee be enforced?
Usually. We have obtained a judgment on a personal guarantee after a bench trial and defended it on appeal. Prior results do not guarantee a similar outcome.
Related
Practice page
Confidential information, no-hire and non-solicitation clauses.
The information on this page is general and is not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.