How to Sue for Breach of Contract in San Diego Superior Court
To sue someone for breach of contract in California, your claim requires: a contract, performance, a breach, and damages. The contract you entered must be valid and enforceable. Except for certain situations, the contract can be either oral or written. Next, you must have already performed you side of the deal. If your part of the contract was contingent on the other party’s performance, then you must be able to still perform you part of the contract. A claim requires a breach. A breach is when a party does not fulfill its contractual obligations. Finally, you must have been harmed by the contract breach. If you meet all four of these requirements, you have the right to sue someone for breach of contract in Superior Court.
In California, you are prevented from suing for contract breach if you wait too long. The “statute of limitations” sets a limit for how much time can pass before you file suit. Typically, you will have a couple of years, but the time limit varies. Your lawyer will help you determine if can sue for contract breach.
Next, you need to decide which California court you want to file suit in. You should speak with a civil litigation lawyer before making a decision. If you are suing for less than $7500, you have the option to sue in California Small Claims Court. While it is usually cheaper and quicker, it is also less formal. Since it has less formal procedures, you lose some of your rights, such as the right to have a lawyer and the right to appeal a decision. If you file in California Small Claims Court, you should still consult with a lawyer about your breach of contract case even though the lawyer will not be able to appear with you in court. If you are suing for less than $25,000, you will have a limited civil case in which some procedures will be unavailable. If you are suing for more than $25,000, then you will have an unlimited civil case and all court procedures can be utilized.
After deciding between California Small Claims Court and California Civil Court, you can file your complaint. A complaint is a short and plain statement of the facts of your case and the relief you want the court to grant. The complaint must be served, or delivered to, the other party so that s/he is notified of the law suit. Once the complaint has been filed and served, the breach of contract lawsuit has officially begun.
This information is provided for educational purposes only and does not create an attorney-client relationship. If you need legal advice, please call 619-819-5021 or fill out the form above for a free consultation.