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To file this lawsuit, you must go to the General District Court Clerk's office. Ask for the proper court form. To sue for money, fill out a "Warrant in Debt." Even though this court form is called a "warrant," it is not used in a criminal case. It is used in a civil (non-criminal) case.
Consider the Statute of Limitations. Breach of Contract Must Be Material & Cause Damage. Mediation & Arbitration. Determine the Appropriate Court to File Your Lawsuit. Determine How You Will Serve the Defendant. Prepare Your Complaint and Documentation. Hiring an Attorney.
If one of the parties fails to perform without justifiable excuse, that party is in breach of contract and subject to civil liability.This article shall outline the basic approach of the California courts in determining damages in a breach of contract action.
To sue someone for breach of contract, you must first prove that the contract existed and was valid.If you have an oral contract, you may present evidence of that contract to the court to prove that you had an agreement with the other party. Oral contracts, however, may be difficult to prove.
Pleading the Complaint: How to Plead Breach of Written Contract. A written contract may be pleaded either by its termsset out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by referenceor by its legal effect.
You must show that the party you plan to sue failed to meet his or her contractual obligations ("breach of contract" in legalese). This is usually the heart of the case -- you'll need to prove that the contractor failed to do agreed-on work or did work of unacceptably poor quality.
After you successfully sue for breach of contract, you are entitled to a remedy, which may include: Damages: payment by the breaching party to the non-breaching party. Specific performance: compels the breaching party to do what was agreed to under the contract.
Demurrer; form; grounds to be stated; amendment. A. In any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer.
The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.