Legal Question in Civil Litigation in California
Breach of Contract, ''How long until do they have''
I filed a lawsuit against my ex-employer a year and a half ago. 26 days ago I received a check as part of this settlement and they were to follow through with dismissing an injunction (TRO) and making their corperate contributions into my pension and profit sharing plans. I was terminated one day before my vesting.
I have a signed, agreed upon ''Settlement Agreement''. They have only followed through with part of this agreement and are now stating they want to re-negotiate part of it, claiming they didn't realize what they were signing. They had the contract 17 days in hand before they signed.
Now they don't want to make the contributions and haven't drop the injunction yet. ''When are they in Breach of Contract''? Or how much time do they have to follow through with the contract?
4 Answers from Attorneys
Re: Breach of Contract, ''How long until do they have''
your questions cannot be answered without reading the contract but I can tell you that they have no right to renegotiate the contract. they are stuck with it.
Re: Breach of Contract, ''How long until do they have''
There may be some unexpected benefits awaiting you which you should discuss with your lawyer. In the first instance,you have not explained the injunctive order that you are under. The prolonged burden of compliance may well have caused you damage. Additionally, while you can always seek enforcement of the contract negotiated in settlement in either the original action or a new one for breach, you may also have a new and separate action for fraud. Check these things out with the attorney who represented you in the original action or find a reputable one in your area that can follow through for you. If you have any questions, call or write.
Neil C. Newson
Re: Breach of Contract, ''How long until do they have''
It sounds like you have a good case. However, everytning depends on the langunage in the settlement agreement. If you fax all relevant documentation to me at 714 363 0229, I will provide you with free consultation. Our firm handles cases throughout California.
Re: Breach of Contract, ''How long until do they have''
If you settled a pending lawsuit, then your settlement agreement is enforceable under CCP 664.6 on a court motion. No new trial or civil action should be required. Possibly your agreement contains the proper language for immediate court enforcement. Looking at this as compliance with a settlement agreement, then only a reasonable time is required to perform, and it sounds very much like the employer is in breach. I would look into whether the matter can be enforced under CCP 664.6 as this would put immediate pressure on the other side, and likely bring them to a better level of performance. You are always wanting to look at getting the best result at the least legal cost.