Legal Question in Real Estate Law in California
Is the Suit as Strong?
In California, Jeff gives Joanna two months notice that he'll be moving out. Joanna understands and considers Jeff's 60 day notice. 15 days later from Jeff's notice, he moves out leaving Joanna with the task of coming up with Jeff's share of the rent.
Did Jeff establish an oral agreement when he gave Joanna notice.
How long is the statute of limitations for an oral agreement in California.
"Joanna #1" files suit on Jeff 6 months after the breach of contract. "Joanna #2" files suit on Jeff 1 minute before the statute of limitations expires. Comparing the time of both filings, is one case stronger than the other, or is it as long as Joanna files within the statute of limitations, her case is strong anywhere along the filing spectrum?
1 Answer from Attorneys
2 years on an oral contract
The statute of limitations is 2 years on an oral contract. When someone files a lawsuit after a long delay, even though it is within the statute of limitations, there is a defense called �latches� which means basically that the delay was unreasonable. The defense is rarely successful and when it is it is usually a case where you can show some real prejudice to your case directly caused by the delay. For example, maybe a critical witness to your case has died or moved away or records are no longer available..
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