What is a breach of contract?

Whether it is written, oral, or implied, the elements for breach of contract are:

  1. parties capable of contracting,
  2. mutual consent,
  3. a lawful object,
  4. sufficient cause or consideration,
  5. plaintiff’s performance or excuse for failure to perform,
  6. defendant’s breach, and
  7. damages.

Civil Code §§ 1550, 1605; Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453; Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 525.

“[E]very contract for service has an implicit term to perform the service in a competent and reasonable manner.” N.A. Chemical Co. v. Super. Ct. (1997) 59 Cal.App.4th 764, 774.

“A negligent failure to do so may be both a breach of contract and a tort.” Id. citing Perry v. Robertson (1988) 201 Cal.App.3d 333, 340.

A written contract must be pled verbatim in the body of the complaint, be attached to the complaint and incorporated by reference, or be pled according to its legal effect. Bowden v. Robinson (1977) 67 Cal.App.3d 705, 718.

Useful Resources for Breach of Contract – General

Recent Rulings on Breach of Contract – General

1-25 of 10000 results

T-12 THREE, LLC VS. TURNER CONSTRUCTION COMPANY

Evolution Evolution manages the operations of the hotel pursuant to a management agreement with T-12 and is a party plaintiff to the First Cause of Action for Breach of Contract, and the Second Cause of Action for Negligence. Evolution is not a party to the express and implied warranty claims.

  • Hearing

    Apr 25, 2026

SUNPOWER CAPITAL, LLC VS BEN HE, ET AL.

On September 8, 2020, Plaintiff filed a complaint, asserting causes of action against He, Wang and Does 1-10 for: Breach of Contract Common Counts (Account Stated, Money Had and Received, Money Lent and Money Paid) On December 1, 2020, He’s and Wang’s defaults were entered. A Case Management Conference is set for February 1, 2021.

  • Hearing

    Feb 01, 2021

  • Type

    Contract

  • Sub Type

    Breach

PERSOLVE LEGAL GROUP, LLP VS LETICIA HERNANDEZ

On June 5, 2020, Plaintiff filed a complaint, asserting causes of action against Hernandez and Does 1-100 for: Breach of Contract Money Lent Account Stated On November 3, 2020, Hernandez’s default was entered. An Order to Show Cause Re: Failure to Proceed with Default Judgment is set for February 1, 2020.

  • Hearing

    Feb 01, 2021

DAVID ROSS, ET AL. VS JUSTIN MONEMPOUR, AN INDIVIDUAL AND AS TRUSTEE MARTEL TRUST,

Breach of Contract For the reasons set forth above, Plaintiffs have failed to allege the existence of an enforceable contract/option for the sale of real property. (Civ.Code, § 1624.) Accordingly, Plaintiffs have necessarily failed to state a claim for breach of contract. Defendants’ demurrer to the fourth cause of action is sustained, with leave to amend. V.

  • Hearing

    Jan 22, 2021

  • Type

    Real Property

  • Sub Type

    Quiet Title

CEMEX USA, INC. VS ATILANO, INC., A CALIFORNIA CORPORATION, ET AL.

On August 20, 2020, Plaintiff filed a complaint, asserting causes of action against Corporation, Atilano and Does 1-10 for: Breach of Contract Open Book Account Account Stated Reasonable Value Personal Guarantee On October 16, 2020, Corporation’s and Atilano’s defaults were entered. A Case Management Conference is set for January 22, 2021. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice.

  • Hearing

    Jan 22, 2021

  • Type

    Contract

  • Sub Type

    Breach

TINA MITHAIWALA VS JANNKI MITHAIWALA

ISSUE NO. 3: breach of contract claim Plaintiffs’ fourth cause of action is for breach of contract, specifically relating to an agreement executed in March 2011 annexed as Exhibit 2 to the SAC. To plead a breach of contract cause of action, a plaintiff must allege: (1) the existence of contract; (2) the plaintiff’s performance or excuse for nonperformance; (3) the defendant’s breach; and (4) any resulting damages. (Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388.)

  • Hearing

    Jan 20, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

Y.S. MEDIA AGENCY, INC. VS L & S BROTHERS LLC, ET AL.

.: 20STCV32201 Hearing Date: January 20, 2021 [TENTATIVE] order RE: DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO JOIN AN INDISPENSABLE PARTY BACKGROUND This is a breach of contract and tortious interference action whereby Plaintiff Y.S. Media Agency, Inc., (“Plaintiff”) seeks to recover damages it allegedly sustained when it was not provided with promised hand sanitizers that Plaintiff intended to sell to a third-party. A.

  • Hearing

    Jan 20, 2021

KEITH GARL V. ROBERT NICHOLSON, BEN FERRARI, ET AL.

On July 19, 2016, Keith Garl (Plaintiff) filed a lawsuit against Ben Ferrari and Robert Nicholson (collectively Defendants) alleging causes of action for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) quantum meruit; and (4) specific performance of memorandum of agreement.

  • Hearing

    Jan 20, 2021

NATIONAL FUNDING, INC. V. STEEL RIVER BUILDING SYSTEMS, INC.

Based on the above, Plaintiff met its initial burden of proving each element of its cause of action for breach of contract. Since Defendants did not oppose this Motion, Defendants have not raised a dispute as to any of the material facts submitted by Plaintiff. Therefore, Defendants have not met their burden of showing that a triable issue of material fact exists as to the elements necessary to establish a cause of action for breach of contract.

  • Hearing

    Jan 19, 2021

ALHANJOUR V. CUE

Therefore, the court finds that the Complaint adequately states a cause of action for breach of contract, and OVERRULES the Demurrer as to the second cause of action.

  • Hearing

    Jan 19, 2021

RENTERIA V. SUBURBAN BUICK GMC CADILLAC

First Cause of Action (Breach of Contract): Maxwell v. Dolezal (2014) 231 Cal.App.4th 93, 97-98, “To establish a cause of action for breach of contract, the plaintiff must plead and prove (1) the existence of the contract, (2) the plaintiff's performance or excuse for nonperformance, (3) the defendant's breach, and (4) resulting damages to the plaintiff. [Citations.]” The Complaint alleges that Plaintiff (Abigail Renteria) and Defendant entered into a written agreement on 6-27-20. (Complaint, p. 3.)

  • Hearing

    Jan 19, 2021

RAFI PELTEKIAN, ET AL. VS INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB

On April 30, 2020, Plaintiffs filed their complaint for Breach of Contract, Breach of Duty of Good Faith and Fair Dealing, Fraud, Negligent Misrepresentation, and Intentional Infliction of Emotional Distress. On June 4, Defendant answered and filed a peremptory challenge to Department 47. The case was assigned to Department 49. RULING: Granted. The motion was improperly reserved with the court as a motion to compel, rather than the identified motion to compel further responses.

  • Hearing

    Jan 19, 2021

ADRIAN MADDEN VS GURUCUL SOLUTIONS, LLC

On December 19, 2019, Plaintiff Adrian Madden commenced this action against Gurucul Solutions, LLC for (1) breach of contract; (2) failure to pay wages; and (3) quantum meruit. On July 17, 2020, the Court sustained Defendant’s demurrer to the second cause of action with leave to amend. On August 17, 2020, Plaintiff filed a first amended complaint (“FAC”) against Defendant for (1) breach of contract; (2) quantum meruit; and (3) failure to pay wages (pursuant to Ontario Labor Standards Act).

  • Hearing

    Jan 19, 2021

  • Type

    Contract

  • Sub Type

    Breach

EMAD YOUNIS VS ROBERT MELGOZA, ET AL.

On March 3, 2020, Plaintiff in pro per filed a 19 cause of action complaint for Declaratory Relief, Breach of Contract (second and sixth causes of action), Conversion (third and ninth causes of action), Actual Fraud and Deceit (fourth and seventh causes of action), Constructive Fraud (fifth and eighth causes of action), Breach of Implied Covenant of Good Faith and Fair Dealing, Promissory Estoppel, Breach of Fiduciary Duty, Intentional Interference with Prospective Economic Advantage, Unfair Competition, Unjust

  • Hearing

    Jan 19, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

8700 MONICA LLC, A NEW YORK LIMITED LIABILITY COMPANY, ET AL. VS TIN RX WEST HOLLYWOOD, INC., A CALIFORNIA CORPORATION, ET AL.

Moreover, Plaintiffs do not allege that they are attempting to hold Tin RX Holding liable for breach of contract under an alter ego theory. As a result, Plaintiffs have failed to state a claim for breach of contract against Tin RX Holding. Therefore, the demurrer is sustained with 10 days leave to amend.

  • Hearing

    Jan 19, 2021

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

RAMEZAN ABBAS-LARKI ET AL VS BMW OF NORTH AMERICA LLC

On September 1, 2016, Plaintiff Ramezan Abbas-Larki and Mahan Abbasi (collectively, Plaintiffs) filed suit against BMW of North America, LLC (BMW NA), alleging: (1) breach of contract/express warranty; (2) breach of implied warranties; (3) negligence; (4) violation of statute/restitution; and (5) misrepresentation/fraud. On January 23, 2019, the parties signed a settlement agreement. (Motion, Exh. 14.)

  • Hearing

    Jan 19, 2021

  • Type

    Contract

  • Sub Type

    Breach

LA LOMA DEVELOPMENT COMPANY VS CAROLLO ENGINEERS, INC.

Breach of Contract Plaintiff alleges a single cause of action for breach of a written contract with oral modifications or, in the alternative breach of a separate oral contract. (SAC, ¶ BC-1, Attach. 1.) “To establish a cause of action for breach of contract, the plaintiff must plead and prove (1) the existence of the contract, (2) the plaintiff’s performance or excuse for nonperformance, (3) the defendant’s breach, and (4) resulting damages to the plaintiff. [Citation.]

  • Hearing

    Jan 19, 2021

COHAN PERRY, INDIVIDUALLY, AND AS TRUSTEE OF THE COHAN 2003 FAMILY TRUST VS SHAHPOUR JAVIDZAD, ET AL.

.: 20STCV12583 Hearing Date: January 19, 2021 [TENTATIVE] order RE: cross-defendant perry cohan’s demurrer to the cross-complaint Procedural Background On March 3, 2020, plaintiff Perry Cohan (“Cross-Defendant”) initiated the instant action for: (1) Breach of Contract against Shahram Javidzad on a promissory note; (2) Breach of Contract against Shahram Javidzad on a second promissory note; and (3) Breach of Contract against Shahpour Javidzad on a third promissory note.

  • Hearing

    Jan 19, 2021

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

JANE DOE VS ZWEIBACK, FISET & COLEMAN LLP, A CALIFORNIA LIMITED LIABILITY PARTNERSHIP, ET AL.

(“BII”) filed a complaint against Defendant Lynn Kim (“Kim”), stating three causes of action for 1) breach of contract; 2) reimbursement; and 3) common counts – money had and received. The Complaint alleges that BII and Kim entered into a written independent contractor agreement wherein BII would be a real estate broker and Kim would be an associate-licensee (i.e. a real estate agent).

  • Hearing

    Jan 19, 2021

STEVEN MURDOCK VS BLUE SHIELD OF CALIFORNIA

Defendant met its burden to show that any failure to pay Plaintiff did not result in damages, such that the breach of contract cause of action fails. Plaintiff did not raise a triable issue of material fact. Without a breach of contract cause of action, the bad faith cause of action necessarily also fails, as does the attendant claim for punitive damages. The motion for summary judgment is therefore granted in its entirety.

  • Hearing

    Jan 19, 2021

  • Type

    Insurance

  • Sub Type

    Intellectual Property

  • County

    Los Angeles County, CA

BEE INVESTMENT, INC., A CORPORATION VS LYNN KIM

(“BII”) filed a complaint against Defendant Lynn Kim (“Kim”), stating three causes of action for 1) breach of contract; 2) reimbursement; and 3) common counts – money had and received. The Complaint alleges that BII and Kim entered into a written independent contractor agreement wherein BII would be a real estate broker and Kim would be an associate-licensee (i.e. a real estate agent).

  • Hearing

    Jan 19, 2021

NEW MILLENNIUM BUSINESS CONSULTANTS, INC. VS MYMAIL MANAGEMENT, LLC, ET AL.

., MyMail Management, LLC, Derby Enterprises, LLC, and Robert Derby for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) fraud; and (4) common count for services rendered. On December 11, 2020, Plaintiff filed the instant motions to compel further responses to Form Interrogatories, Set One; and to compel further responses to Special Interrogatories, Set One.

  • Hearing

    Jan 19, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CREDITORS ADJUSTMENT BUREAU, INC, VS RECALIBRATED PERFORMANCE LLC, ET AL.

(“CAB”) filed this action against Defendants, Recalibrated Performance, LLC (“Recalibrated) and its principal, James Law for breach of contract and related claims. Plaintiff alleges its assignor, American Textile Management Company dba Medico Professional Linen Service (“Medico”) entered into a contract with Recalibrated pursuant to which Medico would launder robes for Recalibrated’s gym. CAB alleges Recalibrated failed to pay Medico per the contract, and Medico assigned its right to collect to CAB.

  • Hearing

    Jan 19, 2021

  • County

    Los Angeles County, CA

NEW MILLENNIUM BUSINESS CONSULTANTS, INC. VS MYMAIL MANAGEMENT, LLC, ET AL.

., MyMail Management, LLC, Derby Enterprises, LLC, and Robert Derby for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) fraud; and (4) common count for services rendered. On December 11, 2020, Plaintiff filed the instant motions to compel further responses to Form Interrogatories, Set One; and to compel further responses to Special Interrogatories, Set One.

  • Hearing

    Jan 19, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

AMERICA CHUNG NAM LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS LI 'MICHAEL' DU

The operative pleading is the First Amended Complaint (“FAC”), alleging causes of action for (1) misappropriation of trade secrets, (2) breach of duty of loyalty/violation of Labor Code section 2863, and (3) breach of contract. The verified FAC alleges in pertinent part as follows. ACN exports recovered fiber sources to paper mills in the People’s Republic of China (“China”) and other nations where they can be converted into fiberboard, cardboard, and packaging.

  • Hearing

    Jan 19, 2021

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