- Breach: Breach of contract cases involve failing to meet contractual obligations, causing financial loss and strained business relationships.
- Complexity: These cases require detailed analysis of contracts, breach circumstances, and legal standards.
- Proof: Proving a breach involves showing an enforceable contract, proper performance, the breach, and resulting damages.
- Callahan & Blaine: Our experienced Orange County breach of contract lawyers offer strategic, personalized representation to secure justice for breach of contract cases.
- Contact us at (714) 241-4444 or through our contact form to discuss your legal options and protect your interests.
What Constitutes a Breach of Contract in Orange County?
A contract is a legally binding agreement between two or more parties. If one party fails to perform the duties agreed upon in the contract or interferes with another party’s ability to perform the designated duties, they may be found in breach of the contract. There are four classifications of a breached contract. These classifications, ranging in severity of the breach, are as follows:- Minor Breach: When one party does not fulfill the contract exactly, they may be committing a minor breach of contract. This type of breach does not typically lead to immediate contract cancellation as long as the party who committed the breach fixes the issue.
- Material Breach: When one party in a contract does not perform duties stated in the contract’s essential terms, the other party may ask the court to order contract rescission or restitution due to the losses they suffered.
- Fundamental Breach: This type of breach occurs when one of the parties fails to perform the obligations agreed upon within the contract. This type of breach can occur whether it is a verbal agreement or a written contract.
- Anticipatory Breach: This type of breach occurs when one party completely stops fulfilling their part of the contract.
How Can You Prove a Breach of Contract?
In order to have a successful breach of contract case, your Orange County breach of contract lawyer will need to prove that the contract was in fact breached. In order to do this, one of our lawyers will collect evidence of the following four elements of a breached contract, which include:- An enforceable contract existed between you and the other party or parties
- Your performance of the contract was up to par with what was agreed upon
- The breach of the contract by the other party
- The damages caused by the breach of contract
- A physical copy of the contract if it was a written contract
- Proof of a verbal agreement
- Receipts or bills showing expenses
- Letters
- Emails
- Text messages
- Other forms of written communication
- Pictures
- Videos
- Witness statements
How Can an Orange County Breach of Contract Lawyer Help You?
After you have been the victim of a breach of contract, you may be left wondering what your legal options are as you seek justice. While it may be intimidating to file a breach of contract claim, you do not have to go through the legal process alone. When you work with the trusted Orange County breach of contract lawyers at Callahan & Blaine, we will ensure you have guidance through each step. Our Orange County breach of contract can help in the following ways:- Knowledge of California’s contract laws and how they may affect your case
- Strategic advice and personalized legal strategies from our team of 29 trusted lawyers
- Representation from our trial lawyers who each have eight years of experience
- Experience in handling complex breach of contract cases
Get Experienced Help for Your Orange County Breach of Contract Case
At Callahan & Blaine, we bring 40 years of experience and a team of 29 skilled trial lawyers to every case. Each attorney in our firm has over eight years of experience, ensuring you receive knowledgeable and seasoned representation. Our expertise spans various sectors, enabling us to handle the complexities of breach of contract cases effectively. Our managing partner, Edward Susolik, leads our Orange County team with unparalleled dedication and strategic insight. We aim to protect your rights and achieve the best possible outcome for your case. Contact Callahan & Blaine at (714) 241-4444 or visit our contact form to begin your breach of contract claim today.Frequently Asked Questions
What Damages Can I Recover for Breach of Contract?
For breach of contract in California, you can recover compensatory damages to place you in the position you would have been in had the contract been performed, including direct damages (the value of the promised performance), consequential damages (additional losses resulting from the breach that were foreseeable), and incidental damages (costs incurred attempting to mitigate or address the breach). California does not generally allow punitive damages for simple breach of contract unless the breach also constitutes fraud or other tort. You can recover lost profits if reasonably certain and foreseeable, costs to complete the contract with another party, difference between contract price and replacement cost, and reasonable attorney’s fees if your contract contains a fee provision. Some contracts allow specific performance (court ordering the breaching party to perform) when monetary damages are inadequate, such as real estate contracts involving unique property. Other remedies include rescission (canceling the contract and restoring parties to pre-contract positions) and reformation (correcting contract mistakes). California Civil Code Section 3300 limits damages to those arising naturally from the breach or that were within the parties’ reasonable contemplation. Our breach of contract attorneys thoroughly analyze all potential damages and pursue maximum recovery including economic losses, consequential damages, and attorney’s fees where applicable.
How Long Do I Have to Sue for Breach of Contract in California?
In California, the statute of limitations for breach of contract is four years for written contracts and two years for oral contracts from the date of breach. The breach occurs when the party fails to perform the required obligation, not necessarily when damages become apparent. However, determining the exact breach date can be complex—some breaches are anticipatory (party indicates they won’t perform before performance is due), continuing (ongoing violations), or not discovered until later. California courts sometimes apply the “discovery rule” delaying the statute of limitations until you knew or should have known about the breach. For contracts involving the sale of goods, California Commercial Code Section 2725 provides a four-year limitations period. Missing the statute of limitations permanently bars your claim regardless of merit, and courts strictly enforce these deadlines. Even within the limitations period, acting promptly is crucial—evidence disappears, witnesses’ memories fade, and defendants may dissipate assets. If you suspect a contract breach, contact a breach of contract attorney immediately to preserve your rights. Our attorneys carefully analyze breach dates and applicable limitations periods to ensure timely filing while building the strongest possible case for recovery.
What Is the Difference Between Material and Minor Breach?
A material breach is a substantial failure that defeats the contract’s essential purpose and excuses the non-breaching party from further performance, while a minor (or partial) breach is a technical violation that doesn’t undermine the contract’s core purpose and doesn’t excuse the other party’s performance. Material breaches allow the non-breaching party to terminate the contract and sue for damages, whereas minor breaches require continued performance but allow recovery of damages caused by the breach. California courts consider several factors determining whether a breach is material including the extent to which the injured party received the benefit they reasonably expected, whether the injured party can be adequately compensated with monetary damages, the extent of performance by the breaching party, hardship to the breaching party, willfulness or negligence of the breaching party’s conduct, and likelihood the breaching party will cure the breach. For example, if a contractor completes a building except for minor paint touch-ups, that’s likely a minor breach not excusing payment, but if they abandon the project halfway through, that’s a material breach allowing contract termination. The distinction is critical because material breach affects your obligation to continue performing. Our breach of contract attorneys analyze whether breaches are material or minor, advising clients on their rights to terminate contracts or demand continued performance while pursuing appropriate remedies.
Can I Sue for Breach of an Oral Contract?
Yes, you can sue for breach of an oral contract in California, but oral contracts are harder to prove and face additional legal limitations. Not all contracts can be oral—California’s Statute of Frauds requires written contracts for certain agreements including contracts for sale of real property, contracts that cannot be performed within one year, agreements to pay someone else’s debt, contracts for sale of goods over $500, and certain other transactions. For valid oral contracts not covered by the Statute of Frauds, you must prove the contract existed, its terms, that you performed, the other party breached, and you suffered damages. Proving oral contracts typically requires testimony, correspondence, text messages, emails, partial performance evidence, or witnesses who heard the agreement. California courts recognize oral contracts as legally binding when properly proven, but the two-year statute of limitations applies rather than four years for written contracts. Even if an oral contract is valid, reducing agreements to writing is always preferable to avoid disputes about terms and enforceability. If you entered an oral contract that the other party breached, gather all evidence of the agreement immediately—communications, witnesses, performance records, and payment documentation. Our breach of contract attorneys have successfully prosecuted and defended oral contract cases, using careful investigation and evidence gathering to prove contract terms and breach.
What Should I Do If Someone Breached a Contract with Me?
If someone breached a contract with you, first review the written contract carefully to understand the specific obligations that were violated, notice requirements, and dispute resolution procedures. Gather all documentation including the contract, correspondence, invoices, delivery records, and evidence of the breach and resulting damages. Send a formal written demand letter explaining the breach, citing specific contract provisions violated, and demanding performance or compensation within a reasonable deadline (typically 10-30 days). California law often requires attempting to resolve disputes before litigation, and contracts frequently contain mandatory mediation or arbitration clauses that must be followed. Document your damages thoroughly including direct losses, consequential damages, and mitigation efforts—you have a duty to reasonably mitigate (minimize) your damages after a breach. Consider whether specific performance, rescission, or monetary damages best serve your interests. Contact a breach of contract attorney immediately to preserve evidence, meet deadlines, and pursue appropriate remedies. Never continue performing without addressing the breach if the breach is material—you may be excusing the breach or waiving your rights. At Callahan & Blaine, we guide clients through the strategic decision-making following contract breaches, negotiate resolutions when possible, and pursue aggressive litigation when necessary to enforce contract rights.
What Defenses Exist Against Breach of Contract Claims?
Common defenses against breach of contract claims in California include arguing no valid contract existed due to lack of essential elements (offer, acceptance, consideration, capacity, legal purpose), claiming the contract is unenforceable under the Statute of Frauds requiring written contracts for certain agreements, asserting impossibility or impracticability making performance impossible due to unforeseen circumstances beyond the party’s control, arguing frustration of purpose where unforeseen events destroyed the contract’s essential purpose, claiming the other party also breached (material breach by the plaintiff excuses defendant’s performance), asserting plaintiff failed to perform their contractual obligations first, arguing unconscionability if contract terms are extremely one-sided or oppressive, claiming fraud, duress, undue influence, or mistake in contract formation, invoking force majeure clauses excusing performance during specified emergencies, and arguing plaintiff failed to mitigate damages after the breach. California law also provides defenses based on contract interpretation disputes—if the contract language is ambiguous, courts interpret it against the drafter. Some defenses involve showing plaintiff suffered no actual damages despite the alleged breach. If you’re accused of breach of contract, contacting an attorney immediately is crucial to assert all available defenses and potentially counterclaim for the other party’s breaches. Our breach of contract attorneys thoroughly analyze both offensive and defensive positions, protecting clients’ interests whether prosecuting or defending contract claims.
What Is Specific Performance and When Is It Available?
Specific performance is an equitable remedy where a court orders the breaching party to actually perform their contractual obligations rather than simply paying monetary damages. California courts grant specific performance when monetary damages are inadequate to compensate the injured party, typically in cases involving unique property or goods where replacement is impossible. The most common specific performance cases involve real estate contracts—because each property is considered unique, buyers can compel sellers to transfer property as contracted. Specific performance is also available for contracts involving unique goods like artwork, antiques, or custom items, contracts for personal services in limited circumstances, and contracts where calculating monetary damages is impractical. Courts will not order specific performance for employment contracts (can’t force someone to work) or contracts requiring ongoing supervision. To obtain specific performance, you must prove a valid contract exists, you performed your obligations, monetary damages are inadequate, the contract terms are clear and definite, and specific performance is equitable and just. The party seeking specific performance must have “clean hands”—they cannot have breached or acted inequitably themselves. Specific performance is discretionary—courts don’t have to grant it even if all requirements are met. Our breach of contract attorneys evaluate whether specific performance is appropriate for your situation and pursue this powerful remedy when monetary damages won’t make you whole.
How Are Breach of Contract Cases Resolved?
Breach of contract cases in California resolve through various methods including negotiation and settlement (most common resolution before formal litigation), mediation where a neutral third party facilitates settlement discussions, arbitration if required by contract or agreed upon—arbitrator’s decision is typically binding and enforceable, and litigation through superior court involving pleadings, discovery, motion practice, trial, and potentially appeals. Many contracts contain mandatory dispute resolution provisions requiring mediation or arbitration before litigation. The litigation process typically takes 12-24 months from filing to trial, though complex cases can take longer. Many breach of contract cases settle during discovery or after mediation when both parties understand the evidence and litigation risks. Settlement offers the advantages of certainty, reduced legal costs, faster resolution, and confidentiality compared to public court proceedings. However, settlement requires compromise—you may recover less than you believe you’re entitled to. Trial offers the possibility of full recovery but involves risk, expense, and time. Our breach of contract attorneys assess each case strategically, pursuing settlement when appropriate while preparing thoroughly for trial if necessary. We negotiate aggressively to maximize settlements but stand ready to litigate through trial and appeals when clients’ interests require it. The resolution method depends on contract terms, case strength, damages amounts, and client objectives.
