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When does the clock start ticking for statue of limitation on a verbal contract in California?

Los Angeles, CA |

Is it at the inception of the verbal agreement or when it was violated?

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Attorney answers 4

Posted

California Code of Civil Procedure Section 339 establishes a two-year statute of limitations for oral contracts. You must file a lawsuit within two years of the breach of an oral contract.

Matthew Blair
www.beverlyhillsbusinesslawyers.com

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

on the date that the contract is breached.

Posted

The SOL begins to run on the date of breach, not the effective date of the contract. There is a two-year SOL on oral contracts.

This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. To schedule an appointment for an attorney-client privileged consultation, contact me at 530-231-4949 or visit our website at www.lowenthallawoffice.com. The exchange of communications through Avvo.com and similar social media does not establish an attorney-client relationship with me or my office. Thank you.

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

Justin's response is correct.

Posted

Suit must be filed within the two year period after the contract was breached (violated).

This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are seeking legal advice upon which you intend to rely, you should hire competent cousel familiar with this area of the law in your locale.

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

on the date the contract is breached

Posted

The other attorneys have answered your question as to the timing (2 years and when the breach occurs). However, be aware that oral contracts without unbiased witnesses can be very difficult to prove. Good luck.

The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

on the date the contract is first breached is when the statute begins to run

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