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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I have been sued for a sued breach of oral contract for money (Fact there was

Resolved Question:

I have been sued for a sued breach of oral contract for money (Fact: there was no oral contract to begin with, the money that was given to me was a gift) this occurred in 2003.

Now the plaintiff is suing me stating I owe her the money, which she gave me as gift, claiming we had an oral contract. The suit was filed in 2010, and she stated that “we became indebted within the last 4 years.

I know that the statue of limitations for oral contract/agreements is only 2 years.

So, my question is, can I demur this law suit, and will I still need to go to court?
Submitted: 4 years ago.
Category: Legal
Expert:  MShore replied 4 years ago.
Thank you for the post, yes you can file a motion to dismiss claiming that the suit is barred by the applicable SOL and in the alternative no facts exist to confirm the alleged loan and per the statute of frauds a written agreement was required to enforce the alleged repayment obligation.
Customer: replied 4 years ago.

One thing I am confused on is:

 

Does the SOL start on the contract date, which she claims happen in 2003?

or

Does the SOL start on the date she claims I became indebited to her, which would be 2006?

 

Either way, would the above dates still have an expired SOL?

 

Lastly, what normally happens after I file a motion to dismiss the claiming?

 

PS. thank you for such a prompt response!!

Expert:  MShore replied 4 years ago.
The SOL starts on the date of breach, not contract formation. In CA, the SOL on verbal agreements is 2 years. CCP Section 339.

After you file your motion to dismiss, the plaintiff will have the opportunity to respond, then the court will determine if any factual disputes are present, if not, the judge will rule on the motion.
Customer: replied 4 years ago.

OK,

 

So, per her filling out PLC-C-001 form, page 2, she states we became indebted whithin the last four years (2006), so has the SOL run out?

Expert:  MShore replied 4 years ago.
Yes, it has.
Customer: replied 4 years ago.
I have to file a written response to her complaint: What would be in your opinion, an appropriate response for this case? The form the court wants me to respond on is PLD-C-010.
Expert:  MShore replied 4 years ago.
Hello, in your response you would first argue the SOL as a defense. Next you would argue that even if the SOL does not bar her claim, she has failed to state a claim upon which relief can be granted as the statute of frauds bars enforcement of her claim.
Customer: replied 4 years ago.

I'm sorry, i'm really new to this, which is why I don't understand your last sentence.

 

I don't understand your last sentence, "she has failed to state a claim upon which relief can be granted as the statute of frauds bars enforcement of her claim.

 

 

Expert:  MShore replied 4 years ago.
Hello, the statute of frauds states than any agreement that is not satisfied within one year must be in writing to be enforceable.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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