San Bernardino, CA asked in Civil Litigation, Contracts and Employment Law for California

Q: Can I sue someone if feel he brech contract on a settlement that both parties breached

3 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: It depends who you are. Are you one of the parties? If you are, you can try to enforce the agreement, but your acts or omissions (breach) will undoubtedly affect your success.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.

But since you're asking this question, it's a safe bet that you are a party to the contract and WOULD have standing to sue. Then "yes," you could sue. And the other side could respond with a counterclaim ("right back at you") since you mention that you both breached the contract. It might be worthwhile to consider a consult with an attorney to ask what direction things could take if you did sue. With the opportunity to ask you more details about the matter than is presented in your brief post, it's possible an experienced attorney could offer you cost-effective solutions that might not necessarily involve suing. Good luck

Delaram Keshvarian agrees with this answer

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Yes, you can sue someone if you believe they breached a settlement agreement, even if both parties breached the contract.

In California, contract law allows for legal action if one party feels the other did not fulfill their obligations under the settlement terms. You would need to demonstrate that the breach caused you harm or loss and that you made a good faith effort to comply with your own obligations.

Before proceeding, it's crucial to review the settlement terms and gather any evidence supporting your claim. Consulting a legal professional can help you understand your rights and the best course of action.

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