Insurance & employment litigation · California & Nevada

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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

Disputes among partners, shareholders and members.

Practice page

Taking cases to verdict and defending them on appeal.

Practice page

Confidential information, no-hire and non-solicitation clauses.

Results

Verdicts, arbitration awards and appeals.

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.

Get your case reviewed

An attorney will get back to you promptly. Have the contract, any demand letters and court papers handy if you have them.

Name and a description are required. Give us a phone number or an email, whichever you prefer.

Contacting the firm does not create an attorney-client relationship. Please don’t send confidential details until we confirm there is no conflict.

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An attorney will get back to you promptly. If your matter has a deadline this week, call (323) 410-0300.


What happens after you send it

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We reach out

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02

We review your situation

We go over the facts and any documents you share, and check for conflicts.

03

We talk through your options

We explain where you stand and the paths forward, so you can decide what to do next.