Breach of Contract FAQ (California)

Contracts are the lifeblood of every business deal. When one party fails to honor an agreement, the financial fallout can be severe. This FAQ answers the most‑asked questions about breach of contract in California, including types of breaches, available damages, and filing deadlines. Use this guide to understand your rights and decide whether to negotiate, mediate, or file a lawsuit.

What constitutes a breach of contract?

Non‑performance — failure to deliver goods or services.
Delayed performance — late delivery causing financial loss.
Defective performance — substandard or incomplete work.
Repudiation — party states they won't perform (anticipatory breach).

What are the different types of contract breaches?

Type	Description	Impact
Material breach	Goes to the core of the agreement.	Allows termination + damages.
Minor (partial) breach	Small deviation from terms.	Only damages; contract remains.
Anticipatory breach	Clear intent not to perform.	Sue before performance is due.
Actual breach	Performance deadline passes unmet.	Standard breach claim.

How do I prove breach of contract?

Valid contract (written, oral, or implied)
Your performance or valid excuse for non‑performance
Defendant's failure to perform
Damages directly caused by the breach

What damages can I recover?

Compensatory damages — direct losses (e.g., unpaid invoices).
Consequential damages — foreseeable secondary losses (e.g., lost profits).
Restitution — return of money or property conferred.
Specific performance — court orders breaching party to perform (rare).
Attorney's fees — recoverable if contract or statute (Cal. Civ. Code § 1717) allows.

How long do I have to sue for breach of contract in California?

Contract Type	Statute of Limitations
Written	4 years (Cal. Code Civ. Proc. § 337)
Oral	2 years (Cal. Code Civ. Proc. § 339)
Sale of goods	4 years (Cal. Com. Code § 2725)

Can I sue for breach of an oral contract?

Yes, if you can prove the contract's existence through:

Emails or text messages confirming terms
Invoices or payment records
Witness testimony
Course of dealing or industry custom

Note: Certain agreements (e.g., real estate, goods > $500 under UCC) must be in writing.

What defenses are available?

Impossibility or impracticability
Frustration of purpose
Mutual mistake
Duress or undue influence
Fraud or misrepresentation
Plaintiff's prior material breach

Do I need a lawyer for a breach of contract dispute?

While small‑claims cases may not require counsel, a lawyer can:

Draft a persuasive demand letter
Calculate and document damages
Navigate discovery and evidentiary rules
Negotiate settlements or represent you at trial

Contact a Breach of Contract Attorney in Orange County Today

Contact us today either by using our online form or calling us at (909) 235-6116 to schedule a free 15-minute initial consultation.