Legal Question in Civil Litigation in California

I loaned someone $25k a few years ago. The contract stated that the loan was to be paid back in 6 months, with an interim payment of 50% due in 3 months. I didn't receive any money. The SOL in California for breach of contract is 4 yrs. Can I avoid a SOL problem I file a complaint 4 yrs after the 6 month date? Or, because there was an interim breach, must I file a complaint within 4 yrs of the 3 month date?


Asked on 12/03/12, 12:53 pm

3 Answers from Attorneys

If you want to sue for the full amount, you must sue before the SOL runs on the first payment. If you miss that deadline you can still sue for the second payment until 4 years after it was due.

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Answered on 12/03/12, 12:58 pm
Terry A. Nelson Nelson & Lawless

If full payment was due by a certain date with a written contract, then you have only four years from that date to file sue for breach. If you are timely, and if serious about getting counsel to help you, feel free to contact me.

If you have passed the SOL date, you can still try to collect, urging 'moral' obligation to repay. It's worth a try.

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Answered on 12/03/12, 1:42 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick's overall advice, but not his legal reasoning. Where a contract contains multiple performances, a failure of a party to perform one part of the performance allows the aggrieved party to either treat it as a breach of the entire agreement, or to sue later when all of the terms are breached.

But don't risk your entire case on an assumption that the judge is going to recognize such a obscure caveat of law. It is better for you to not take the risk at all and file the lawsuit within 4 years of the first breach.

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Answered on 12/06/12, 11:53 am


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