Legal Question in Business Law in California

Breach of Contract

My question is twofold: first, how long is the statute of limitations for a breach of contract? The situation; an acquaintance of mine and I contracted for him to build me a car. I gave him the money in its entirety, he's been in and out of jail for the last two years, no car...where do I begin. I have all the cancelled(endorsed) checks, the agreement we made and can I involve his parents considering the first few checks were written ''pay to the order of'' the parent's company?


Asked on 2/13/01, 1:33 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Breach of Contract

You may be able to have the 4 year statute of limitations apply by arguing that the checks represent a writing of the agreement, otherwise 2 years on the oral contract. If the company cashed the checks then they are liable. There may be other causes of action you may allege to preserve your claim. Please contact me directly at (619) 222-3504.

Read more
Answered on 3/27/01, 9:28 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Breach of Contract

SOL is 2 years for an oral contract, 4 years for a written contract. As far as the parents are concerned if you can show that their company had something to do with the contract and breach I would join them as a defendant.

Read more
Answered on 3/27/01, 5:51 am


Related Questions & Answers

More Business Law questions and answers in California