Legal Question in Civil Litigation in California

You cannot sue for breach of a contract that you contend is entirely unenforceable. If you contend that it is enforceable in part and not in other parts, then there is no need to plead the unenforceablity in your complaint. That is an affirmative defense to be pled in your answer if the defendant files a cross-complaint to enforce the provisions you contend are unenforceable. You could theoretically include a cause of action for declaratory relief as to the enforceablility of the provisions youu contend are not enforceable, but there really is no point in that unless their unenforceablility is somehow essential to your breach claim on the enforceable provisions.

I agree with Mr. McCormick. If you contend the whole contract is unenforceable, then why are you suing for breach? Your question would only make sense in the context of a discussion of severability.