Counts Law Firm has substantial experience resolving thousands of breach of contract, fraud, and unfair business practice cases in Los Angeles County courts. Breach of contract cases involve someone who fails to perform contractual obligations or makes false representations that causes goods, services, and/or money not to be provided as promised.
Contracts may be oral or written. In a breach of contract case, our office will analyze the terms, organize your evidence to prove your case, and maximize the value of your case. In a breach of contract case, we prove the following elements: material terms of a written or oral contract; your performance or excuse for non-performance; their breach or default; and your monetary damages (loss).
In a business fraud case, we prove that you reasonably relied upon an intentional, reckless, or negligent false statement they made that caused you to lose money in their transaction. The fraudulent statement can be verbal or in writing. The writing could be a text, email, handwritten, or formal contract. The false statement could relate to a business transaction, real estate transaction, loan, investment, or similar situation. If we prove fraud, you may recover not only your contract loss, but the substantial penalty of punitive damages.
At Counts Law Firm, we also have extensive experience representing Los Angeles County victims of unfair business practices including “bait-and-switch” schemes. California Business & Professions Code 17200 prohibits fraudulent business practices including deceptive, false and misleading advertising in the sale of property (including automobiles) or services to consumers. We use this consumer protection statute to rescind (cancel) unfair contracts, get refunds, and recover statutory penalties and attorney fees.
In a California breach of contract, business fraud, or unfair business practice case, we analyze the concepts of performance, breach, and monetary loss (damages):
In order to enforce a contractual obligation, you must have performed your own conditions under a contract, or have a valid excuse that the other party prevented or waived your performance. [Civil Code 1439]
It is important when claiming breach or default, that the facts constituting the other party’s breach of contract are stated with certainty. For example, if the obligation of the contract is to pay you money, the breach consists of nonpayment. Or, the contract may call for performance of some service, and the breach consists of failure to perform the service, untimely performance of the service, or negligent performance of the service. Or, the contract may call for delivery of goods, and the breach consists of the failure to deliver the goods, untimely delivery, incomplete delivery, or defective goods. Sometimes, the time for performance has not yet occurred but there is an anticipated breach because they admitted they would be unable or unwilling to perform. Oftentimes, the other party will raise defenses or excuses for non-performance, and we will analyze and determine if their affirmative defenses have legal merit.
- Actual Damages: For a breach of contract, you may recover the amount required to compensate you for the breach or the reasonable value of the services. [Civil Code 3300]. In addition to actual damages, you may also be entitled to consequential damages such as reasonably certain lost profits, expenditures incurred in reliance on the contract, or liquidated damages if the contract has a reasonable predetermined fixed penalty. [Civil Code 3287(a)]
- Interest Damages: If your loss is a definite amount (or capable of being made certain by calculation) and the right to recover was vested on a certain date, you are entitled to add interest from that date through the date of judgment at up to the judicial rate of ten percent (10%) interest per year. [Civil Code 3287]
- Punitive Damages: Although emotional pain & suffering is generally not compensable from a breach of contract, if there was an intentional fraud or theft, you may be entitled to recover a penalty that is often double or triple your actual loss if you can prove they have the assets to pay it. [Civil Code 3294]
- Attorney Fee Damages: If the written contract has a specific provision providing for attorney fees in the event of a default, you may be entitled to recover reasonable attorney fees. Alternatively, certain types of cases have statutory attorney fees imposed even if the contract does not contain an attorney fee provision. If the case is not settled before trial, the trial court awards the prevailing party its actual court costs, plus reasonable attorney fees by contract or statute.
Contact a California Breach of Contract Attorney Today
Whether you’re a small business or you are an individual dealing with a business, the legal agreements you sign are important. Not all breach of contract disputes are created equal. A business attorney can answer your questions and help you with legal matters involving breach of contract issues.
Call Counts Law Firm today at (626) 463-7300 or contact us online to schedule a free video consultation.