What is the statute of limitations for breach of a written contract? What is the statute of limitations for torts arising out of a written contract, such as fraud, etc.? Citations would be useful.
For breach of written contract, the statute of limitation is four years from breach or date of last payment, whichever is later. [Code Civ. Proc. § 337].
In California, the statute of limitations for fraud actions, as set forth in Code of Civil Procedure section 338(d), is three years. An action for relief on the ground of fraud must be commenced within three years after the aggrieved party discovered the alleged wrongdoing. (April Enters., Inc. v. KTTV (1983) 147 Cal.App.3d 805, 826.)
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Workers' Compensation Lawyer
Breach of written contract - 4 years. Rescission of written contract based on fraud is 4 years from date of discovery of the fraud. Generally, fraud is 3 years from the date of discovery of the fraud or mistake.
The information given is generic and does not constitute legal advice, which would only be given after a complete review of the specific facts of your case.
Employment / Labor Attorney
I agree with the other lawyers; the statute of limitations for breach of a written contract is 4 years from the breach and the statute of limitations for fraud is 3 years from discovery of the fraud, subject to certain limitations. If you intend to sue another party related to a contract, you should talk consult with an attorney to ensure that you include all of your available causes of action in your compaint. There are many fine lawyers on AVVO.