Legal Question in Business Law in California

Statute of Limitations for Breach of Contract filing of lawsuit

I was terminated from an independent contractor agreement after 5 months into the project with 2 months remaining on the project. The signed agreement was for a flat fee. I had hired one lawyer to pursue this for me but I fired him as he was unresponsive to my calls or to the calls of the opposing lawyer. I am broke at this time as finding work has been difficult since I was let go of this job. I am in Los Angeles, California. How long do I have to file a breach of contract lawsuit?


Asked on 8/30/99, 1:45 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Statute of Limitations for Breach of Contract filing of lawsuit

Ordinarily, a breach of contract suit must be commenced in California within four years after the breach or, if the breach was unknown until later, four years after a reasonable plaintiff would have discovered the breach.

If the lawyer you fired had already filed a complaint, then you are already protected. However, a complaint ordinarily must be acted upon, and can be dismissed if it is allowed to remain idle for too long.

You should also bear in mind that your former lawyer may have a claim for a portion of any proceeds you recover, depending upon the terms of your retainer agreement and the amount of work he did before he was fired.

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Answered on 8/30/99, 9:06 pm
Thomas W. Newton Tims & Newton

Re: Statute of Limitations for Breach of Contract filing of lawsuit

Mr. Hoffman's reply was dead on the money. Of

course, this assumes your contract was written.

If it was an oral contract, then the statute of

limitations is two years, as opposed to the four years

for a written agreement.

Best of luck

The information above is provided as an

accomodation and cannot be considered to be specific

legal advice based on a comprehensive

review of all relevant facts and documents.

Likewise, provision of the information may

not be construed to create an attorney-client

relationship.

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Answered on 8/30/99, 11:58 pm


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