Breach of Contract Attorney in Ontario, California
California Contract Dispute Lawyers
To make out a cause of action for breach of contract requires a pleading of (a) the contract; (b) plaintiff’s performance or excuse for nonperformance; (c) defendant’s breach; and (d) damage to plaintiff. It is necessary to specify that the contract is written, oral, or implied by conduct. Schwartzberg | Luther are breach of contract lawyers in Ontario, CA and work with clients in the Inland Empire and throughout San Bernardino & Riverside Counties.
Written Contracts: A written contract is usually pleaded by setting it out in its entirety in the body of the complaint or by attaching a copy. The other method of pleading is by alleging the making of the contract, and then alleging the substance of its relevant terms. “A written instrument is presumptive evidence of a consideration.” (C.C. 1614.) Therefore, it is not necessary to plead the existence of consideration to support the contract.
Oral Contracts: If oral, the exact words used can seldom be correctly alleged, and are evidentiary in nature. Hence, the oral contract is pleaded according to its legal effect. But the complaint is subject to a general demurrer if the allegations fail to show the nature of the contract with certainty.
Implied Contract: An implied in fact contract arises from conduct, without express words of agreement. Accordingly, “only the facts from which the promise is implied must be alleged.”
We understand that you will have many questions for our attorneys so we are here to give you honest answers. The Law Office of Schwartzberg | Luther, APC, is located in Ontario, CA and offers weekend and evening appointments when necessary, we are here to help. Contact us for a free legal consultation at 909-457-4270 or fill out our online contact form and schedule your free consultation today.