Contracts govern countless real estate and business relationships in California, from purchase agreements and commercial leases to partnership agreements and service contracts. When one party fails to perform as promised, California law provides a range of remedies to enforce contractual rights or recover damages for breach.
At Vokshori Law Group, our Los Angeles breach of contract attorneys represent property owners, businesses, and individuals in contract disputes throughout California, including real estate transactions, commercial agreements, and complex business relationships.
Breach of contract occurs when a party fails to perform a material obligation required by a valid contract. Under California law, a plaintiff generally must prove four elements:
See CDF Firefighters v. Maldonado (2008) 158 Cal.App.4th 1226, 1239.
Not every failure to perform constitutes a material breach.
California courts recognize anticipatory breach where one party repudiates the contract in advance. See Taylor v. Johnston (1975) 15 Cal.3d 130, 137.
Although damages are favored, specific performance may be available when monetary compensation is inadequate, particularly in real estate contracts.
Civil Code § 3387 creates a presumption that breach of an agreement to convey real property cannot be adequately relieved by monetary damages alone, making specific performance a common remedy in real estate disputes.
Early analysis of these defenses is critical, particularly where demurrers or dispositive motions are anticipated.
The limitations period generally begins to run at the time of breach, not discovery, though exceptions may apply in certain circumstances.
In this situation, the court’s analysis focuses on the contract’s express terms, whether the buyer satisfied all conditions precedent, and the seller’s failure to perform. If breach is established, the buyer may recover damages under Civil Code § 3300 or pursue specific performance under Civil Code § 3387, depending on the adequacy of monetary relief.
This type of dispute illustrates how breach of contract claims in California often turn less on broad legal theories and more on contract language, timing, and proof of damages.
A breach occurs when a party fails to perform a required contractual obligation without legal excuse.
Yes, but the court will evaluate whether the breach was material and what damages, if any, resulted.
No. Oral and implied contracts may be enforceable, though written contracts are easier to prove.
Attorney’s fees are not automatically recoverable in breach of contract actions. Under California law, each party generally bears its own attorney’s fees unless a statute or the contract itself provides otherwise.
The most common basis for recovering attorney’s fees in contract litigation is a contractual attorney’s fee provision.
If a contract includes an attorney’s fee provision, California Civil Code § 1717 makes that provision reciprocal. This means that even if the contract appears to grant attorney’s fees to only one party, the prevailing party may recover reasonable attorney’s fees regardless of which side the clause favors.
Courts focus on the language of the contract and the nature of the claims actually litigated when determining fee entitlement.
The “prevailing party” is not always the party who wins every issue. California courts take a practical approach and evaluate which party achieved its main litigation objectives.
In some cases, neither side is deemed the prevailing party, particularly where results are mixed or the litigation ends in a compromise resolution.
Yes. In many breach of contract cases, attorney’s fees can exceed the underlying damages, especially where disputes involve complex contracts, prolonged discovery, or motion practice.
This reality often drives settlement strategy and early case evaluation, particularly when a fee-shifting provision is involved.
Possibly. Under Civil Code § 1717, a party may still recover attorney’s fees if the action was “on the contract,” even if the court ultimately finds the contract unenforceable, depending on the circumstances and the basis for the ruling.
This issue is highly fact-specific and frequently litigated.
Attorney’s fees may be recoverable for tort claims that are inextricably intertwined with contract claims, where the same facts and legal work are required to litigate both. Courts analyze whether the claims are so intertwined that separating attorney time would be impracticable.
Breach of contract disputes often involve more than a simple failure to perform. They frequently require careful analysis of contract language, performance history, damages evidence, and procedural strategy.
At Vokshori Law Group, our Los Angeles contract litigation attorneys represent clients in real estate and business contract disputes throughout California, from pre-litigation enforcement through trial. If you are dealing with a contract dispute, early legal guidance can significantly affect the outcome.
Call us at (855) 855-2608 or visit www.VokLaw.com to learn more.
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