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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8086
Experience:  Since 1983
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Served with a Complaint for Breach of Oral Contract stated

Customer Question

Served with a Complaint for Breach of Oral Contract stated in complaint date of breach Nov. 2006. Complaint filed May 5, 2009. Oral contract statute is 2 years, correct. How do we answer?
Submitted: 5 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 5 years ago.
Correct California has a 2 year SOL for breach of an oral contract:

Code of Civil Procedure:
339. Within two years: 1. An action upon a contract, obligation or
liability not founded upon an instrument of writing, except as
provided in Section 2725 of the Commercial Code or subdivision 2 of
Section 337 of this code; or an action
From http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

CCP 458 from http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=452-465 states:
458. In pleading the Statute of Limitations it is not necessary to
state the facts showing the defense, but it may be stated generally
that the cause of action is barred by the provisions of Section ____
(giving the number of the section and subdivision thereof, if it is
so divided, relied upon) of THE CODE OF CIVIL PROCEDURE; and if such
allegation be controverted, the party pleading must establish, on the
trial, the facts showing that the cause of action is so barred.

You can plead the SOL in an answer but the quickest way to stop the case is to demur, if the complaint shows that it is time barred.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8086
Experience: Since 1983
N Cal Attorney and 5 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
Where can I find a sample Demur form? I know it is done on pleading paper.
Expert:  N Cal Attorney replied 5 years ago.
Your local county law library will have practice books that show what a demurrer should look like.

http://www.kinseylaw.com/freestuff/civlitforms/lawmotionindex.html links to some forms
See http://www.kinseylaw.com/attyserv/civil/lawmotion/demcompl.html
and http://www.kinseylaw.com/attyserv/civil/lawmotion/nothrgdem.html

I combine the demurrer and the notice of hearing to save on filing fees. Ask the law librarian for The Rutter Group, California Civil Procedure Before Trial and you can see forms written by judges.

Thank you for accepting my answer.

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