Sacramento, CA asked in Contracts and Small Claims for California

Q: How do you present a broken contract between 2 parties to a judge?

Contract between myself and another party has been broken (breach of contract on the other parties end). However, I still paid the original contract in full. If the other party breaks this contract how can I present it to a judge?

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1 Lawyer Answer
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: I assume from your facts that you paid for services and that the services were not performed. Under those circumstances you should probably take the breaching party to small claims court and sue for breach of contract (it's that simple). You can request money damages or return of what you paid the other side. The other party will have a chance to present his case, but if you are in the right you should win. Unfortunately, in California, if you bring a small claims action and you lose, the matter is over. The defendant, however, can appeal the decision and take the matter to Superior Court for a Trial de Novo.

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