California Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees

State:
Multi-State
Control #:
US-00758BG
Format:
Word; 
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Instant download

Description

The following form is a complaint for a breach of a written contract whereby attorney’s fees are required by the contract to be paid to the non-breaching party. The complaint adopts the “notice pleadings” format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
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  • Preview Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees
  • Preview Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees
  • Preview Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees

How to fill out Complaint For Breach Of Written Contract Seeking Damages And Attorneys Fees?

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FAQ

There are four standard elements required to establish a claim for breach of contract in California: (i) the existence of a valid contract, (ii) the plaintiff's performance or excuse for nonperformance, (iii) the defendant's breach of contract, and (iv) resulting damages.

You need to sue the person or business who signed or entered into and then breached the contract. Generally, someone cannot sue a third party they do not have a contract with. Only the one who signed or entered into the agreement with you is responsible for the damages to you.

4 Elements of a Breach of Contract Claim (and more) 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.

The relevant criteria are: There is a legally binding contract. ... The other party has failed to perform their duties under the contract. ... You have suffered loss as a result of the breach. ... The breach occurred within the last 6 years. ... Collating and preserving evidence. ... Reserving your rights. ... Taking legal advice.

The general remedy for breach of contract is a monetary sum amounting to the financial loss suffered as a result of the breach. The common law position is to place the innocent party in the same position as if the contract had been performed, such as accounting for a loss of sales.

California courts do not recognize a right to punitive or exemplary damages for breach of contract, unless the breach occurs in connection with an intentional tort.

Compensatory damages (also called ?actual damages?) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.

A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of anyexpress warranty or implied warranty, including the implied warranty of merchantability.

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California Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees