Contract breached?
Protect what’s
at stake.

Panakos reviews and advises on virtually any type of contract — whether written, oral, or implied — including but not limited to commercial and vendor agreements, supply and distribution contracts, partnership and operating agreements, employment-adjacent agreements like severance or non-compete disputes, real estate purchase and lease agreements, and construction contracts.

• Written contracts record the parties’ agreed terms in a document or qualifying electronic record. A writing can provide important evidence of the obligations undertaken, but enforceability still depends on valid contract formation, interpretation of the terms, and any applicable defenses.
• Oral contracts are formed through spoken agreement and may be enforceable under California law. Establishing their terms may require testimony, communications, payment records, and other evidence. Certain agreements must satisfy statutory writing requirements, including many real estate transactions and guarantees of another party’s debt, subject to applicable exceptions. Filing deadlines also differ from those governing written contracts.
• Implied-in-fact contracts arise when the parties’ conduct demonstrates an agreement and its terms, rather than an express exchange of promises. For example, a course of requesting services, accepting performance, and making payments may establish contractual obligations. Enforceability requires evidence of mutual assent and consideration; an implied agreement does not automatically avoid statutory writing requirements.

The Firm evaluates how the agreement was formed, the evidence supporting its terms, and the legal requirements governing enforcement. See California Civil Code §§ 1620–1624.

California generally allows 4 years from the date of breach for a claim based on a written contract, and 2 years for an oral contract (Cal. Code Civ. Proc. §§ 337, 339). These deadlines can shift depending on the type of contract, when the breach was discovered, and other factors, so it’s worth getting a specific answer for your situation rather than relying on the general rule.

Many contracts specify which state’s laws apply and where a lawsuit must be filed. If your contract designates a venue outside California, or specifies a different state’s law, that can significantly affect your options and strategy — it’s one of the first things worth checking before assuming your dispute will proceed in California courts.

Often, yes — a valid arbitration provision typically requires disputes to go through private arbitration instead of court, and courts generally enforce these clauses. Arbitration has different procedures, costs, and timelines than litigation, and in many cases limits your ability to appeal. Whether a specific clause is enforceable can depend on how it was drafted and negotiated.

It depends on the contract. Under California law, each side generally pays its own attorney’s fees unless the contract contains an attorney’s fees provision or a specific statute applies (Cal. Civ. Code § 1717). If your contract has a fee-shifting clause, the losing party may be required to cover the prevailing party’s fees — which cuts both ways and is worth understanding before deciding how to proceed.

California law provides several potential remedies for breach of contract. The appropriate relief depends on the agreement, the nature of the breach, the evidence of loss, and any applicable defenses or contractual limitations.

• Monetary Damages: Compensation generally seeks to place the injured party in the financial position they would have occupied had the contract been performed. Recoverable losses may include unpaid amounts, reasonable replacement costs, and, where legally supported and proven with reasonable certainty, lost profits or other consequential losses. Recovery is subject to requirements concerning causation, foreseeability, proof, and reasonable efforts to mitigate damages. See California Civil Code § 3300.
• Specific Performance: In appropriate circumstances, a court may order a party to perform a contractual obligation when money would not provide an adequate remedy. This relief is often considered in disputes involving unique real property, but is not automatic. The court examines the agreement’s enforceability, whether its terms are sufficiently definite, the requesting party’s performance or ability to perform, and applicable equitable considerations. See California Civil Code §§ 3384–3392.
• Rescission and Restitution: When recognized legal grounds exist, rescission seeks to undo the agreement, while restitution generally seeks to restore benefits transferred under it. Grounds may include fraud, mistake, or a qualifying failure of consideration. Not every breach permits rescission, and notice and restoration requirements may apply. The available relief depends on the circumstances and must avoid duplicative recovery. See California Civil Code §§ 1689–1692.

The Firm assesses which remedies are legally available, supported by the evidence, and consistent with your objectives. Attorney’s fees, costs, and interest may also be recoverable when authorized by the agreement or applicable law.

• Preserve all related documents, emails, texts, and invoices — don’t delete or alter anything.
• Avoid making promises or admissions to the other side before speaking with counsel.
• Review the contract itself for notice, cure, or dispute-resolution requirements — many contracts require you to formally notify the other party before you can sue.
• Talk to an attorney promptly, since statutes of limitations and contractual notice deadlines can run out.