Legal Question in Civil Litigation in California

Re: Verbal Agreements !

You will not lose just because it's oral. Reasonable inferences from circumstantial evidence of surrounding circumstances to infer the existence of the contract.

Indirect evidence is just as powerful - if not more powerful in some circumstances - as direct evidence.

/S/ Michael Ehline, Esq. http://www.ehlinelaw.com

Re: Verbal Agreements !

A valid oral contract, one that is not required to be in writing by the statute of frauds [e.g. concerinng real estate, assuming the debt of another, cannot be performed within one year, etc], is entitled to enforcement like a written contract. The benefit of a written signed contract is that the judge is able to rely on written document that identifies the terms of the agreement before the dispute arose. Problem with oral contracts is that the opposing party will generally lie about the terms and/or existence of the agreement. Prepare yourself accordingly.

Good luck.

Re: Verbal Agreements !

I would most likely win. But attorneys are not allowed to appear in small claims court unless it is their own matter.

Re: Verbal Agreements !

I would need far more information before I could offer a meaningful answer. You haven't even said whether you are the plaintiff or the defendant, let alone explained the facts of the case.

Chances are that someone will win your case and someone will lose, but there is literally no way to say whether you will be on the winning side without at least some information.