What is the California Code that provides statutory authority for suing a government entity for breach of contract?

Asked 12 months ago - Bakersfield, CA

A school district breached a settlement agreement (it was verbal, but the details were backed up by e-mail) and tried to enforce an altered contract.

Attorney answers (2)

  1. Christine C McCall

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . This may not be the question that will elicit helpful answers for you. It is unlikely that a verbal agreement, even one memorialized by email, constitutes a "settlement agreement." More likely, you have an oral agreement, one you will contend is enforceable against the public entity. The difference is profound.

    That oral agreement contention can raise difficult and complex legal issues pertaining to scope of authority and legal capacity of the public employee who made the alleged agreement. An oral agreement is a disputed case still needing a settlement agreement, with all legal issues still open for dispute.

    You will need to talk with attorneys who have experience litigating against public entities, and you will need to file a timely Gov Code tort claim.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. David Herman Hirsch

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You should consult with an attorney regarding how to proceed and whether or not there was an enforceable agreement. It will depend on the specific facts and circumstances. Did this involve an employment matter, or resolution of a claim against the school district? You likely will need to file a claim under the claims statutes applicable to claims against governmental entities in California (Government Code Section 800, et seq), since the claims statutes apply to breach of contract actions. Good luck to you...

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