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1 Write your name, address, phone, and fax number (if you have one). 2 If not filled in for you, write Fresno" after COUNTY OF. Write the address of the court location where you are filing your papers. 3 Fill in the names of the plaintiff and Defendant.
To determine whether a breach of contract is material, find out if compensation is a reasonable remedy. If the injured party can simply be compensated for the breach, it is unlikely that it would be found to be a material breach. Compensation, in this case, can be in the form of money or service.
Here's a list of what you should include when sending a notice of breach in a contract dispute.Make the date clear.Check the notice clause.Describe the breach.Make sure it's a "material" breach.Offer a "cure." In some cases, it may be too late to fix the problem.Avoid an emotional tone.Try to work it out.
The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
Steps to Take Before Filing for Breach of ContractConsider the Statute of Limitations.Breach of Contract Must Be Material & Cause Damage.Mediation & Arbitration.Determine the Appropriate Court to File Your Lawsuit.Determine How You Will Serve the Defendant.Prepare Your Complaint and Documentation.Hiring an Attorney.