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Business Litigation Attorneys in Kern County, California

Looking for a business litigation attorney near you in Kern County? Explore the county record for business litigation attorneys on the State Bar of California's official roll and review each profile for yourself.

Oil, agriculture, and logistics country at the Valley's southern end; the Metropolitan Division in Bakersfield anchors the county's calendars. Venue for most business litigation matters arising in the county lies with the Superior Court of California, County of Kern, seated at Bakersfield.

Before comparing counsel, note the clock. Under Cal. Code Civ. Proc. § 337, the governing period is four years to sue on a written contract; two years on an oral contract (§ 339). Fraud claims run three years from discovery (Cal. Code Civ. Proc. § 338(d)); unfair competition claims under Bus. & Prof. Code § 17200 run four years (§ 17208). Contractual limitation clauses can shorten these periods.

The clock & the court

Statute of limitations

Four years to sue on a written contract; two years on an oral contract (§ 339).

Cal. Code Civ. Proc. § 337

Fraud claims run three years from discovery (Cal. Code Civ. Proc. § 338(d)); unfair competition claims under Bus. & Prof. Code § 17200 run four years (§ 17208). Contractual limitation clauses can shorten these periods.

Court of record

Superior Court of California, County of Kern.

County seat: Bakersfield

Official court information, locations, and filing rules: www.kern.courts.ca.gov

Business Litigation · Kern County roster

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Business Litigation questions, cited

How long do I have to sue for breach of contract in California?

Four years for a written contract (Cal. Code Civ. Proc. § 337) and two years for an oral one (Cal. Code Civ. Proc. § 339), generally running from the breach. Fraud claims run three years from discovery of the facts (§ 338(d)). Many commercial contracts shorten these periods or add mandatory arbitration, so the agreement itself is the first thing to read.

What damages are available for breach of contract in California?

The amount that will compensate the injured party for all detriment proximately caused by the breach, per Cal. Civ. Code § 3300 — typically expectation damages, plus consequential damages that were reasonably foreseeable. Punitive damages are generally unavailable for pure breach of contract (Cal. Civ. Code § 3294 requires an independent tort such as fraud).

Are non-compete agreements enforceable in California?

Almost never against employees. Cal. Bus. & Prof. Code § 16600 voids contracts restraining anyone from engaging in a lawful profession, trade, or business, and § 16600.5 (effective 2024) makes out-of-state non-competes unenforceable against California workers and creates employee remedies. Narrow statutory exceptions exist for the sale of a business (§ 16601) and partnership dissolutions (§ 16602).

What can I do if my business partner breaches fiduciary duties?

Partners owe each other duties of loyalty and care under Cal. Corp. Code § 16404. Remedies for breach include damages, an accounting, expulsion or dissociation, and judicial dissolution of the partnership (Cal. Corp. Code § 16801) or of an LLC (Corp. Code § 17707.03). Breach of fiduciary duty claims generally carry a four-year limitations period (Cal. Code Civ. Proc. § 343).

Where are business disputes heard in California?

Most are filed in the superior court of the county tied to the contract or the defendant's residence (Cal. Code Civ. Proc. § 395); claims of $35,000 or less proceed as limited civil cases. Several large counties, including Los Angeles, operate complex-litigation departments for qualifying cases. Contracts frequently route disputes to arbitration instead, which California courts enforce under Code Civ. Proc. § 1281.

Legal information, not legal advice.

From the answer files

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