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Civil Code - CIV - CIV § 3367

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3367

Specific relief is given: 1. By taking possession of a thing, and delivering it to a claimant; 2. By compelling a party himself to do that which ought to be done; or, 3. By declaring and determining the rights of parties, otherwise than by an award of damages.

Civil Code - CIV - CIV § 3368

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3368

Preventive relief is given by prohibiting a party from doing that which ought not to be done.

Civil Code - CIV - CIV § 3369

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3369

Neither specific nor preventive relief can be granted to enforce a penalty or forfeiture in any case, nor to enforce a penal law, except in a case of nuisance or as otherwise provided by law.

Civil Code - CIV - CIV § 3372

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3372

(a) Any person engaged in the business of advising others for compensation as to the advisability of purchasing, holding or selling property for investment and who represents himself or herself to be an expert with respect to investment decisions in such property, or any class of

Civil Code - CIV - CIV § 3375

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3375

A person entitled to specific real property, by reason either of a perfected title, or of a claim to title which ought to be perfected, may recover the same in the manner prescribed by the C ode of C ivil P rocedure , either by a judgment for its possession, to be executed by the

Civil Code - CIV - CIV § 3379

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3379

A person entitled to the immediate possession of specific personal property may recover the same in the manner provided by the C ode of C ivil P rocedure .

Civil Code - CIV - CIV § 3386

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3386

Notwithstanding that the agreed counterperformance is not or would not have been specifically enforceable, specific performance may be compelled if: (a) Specific performance would otherwise be an appropriate remedy; and (b) The agreed counterperformance has been substantially per

Civil Code - CIV - CIV § 3387

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3387

It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation. In the case of a single-family dwelling which the party seeking performance intends to occupy, this presumption is conclusive. In all other case

Civil Code - CIV - CIV § 3388

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3388

A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance.

Civil Code - CIV - CIV § 3389

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3389

A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the same.

Civil Code - CIV - CIV § 3390

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3390

The following obligations cannot be specifically enforced: (a) An obligation to render personal service. (b) An obligation to employ another in personal service. (c) An agreement to perform an act which the party has not power lawfully to perform when required to do so. (d) An ag

Civil Code - CIV - CIV § 3391

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3391

Specific performance cannot be enforced against a party to a contract in any of the following cases: 1. If he has not received an adequate consideration for the contract; 2. If it is not, as to him, just and reasonable; 3. If his assent was obtained by the misrepresentation, conc

Civil Code - CIV - CIV § 3392

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3392

Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failure to perform is only partial, and either entirely immaterial, or capable of bei

Civil Code - CIV - CIV § 3394

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3394

An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.

Civil Code - CIV - CIV § 3395

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3395

Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or incumbrancer in go

Civil Code - CIV - CIV § 3399

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3399

When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express th

Civil Code - CIV - CIV § 3400

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3400

For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.

Civil Code - CIV - CIV § 3401

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3401

In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be.

Civil Code - CIV - CIV § 3402

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3402

A contract may be first revised and then specifically enforced.

Civil Code - CIV - CIV § 3412

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3412

A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled.

Civil Code - CIV - CIV § 3413

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3413

An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing injury, within the provisions of the last section.

Civil Code - CIV - CIV § 3414

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3414

Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue.

Civil Code - CIV - CIV § 3415

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3415

(a) An action may be maintained by any person interested in any private document or instrument in writing, which has been lost or destroyed, to prove or establish the document or instrument or to compel the issuance, execution, and acknowledgment of a duplicate of the document or

Civil Code - CIV - CIV § 3420

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3420

Preventive relief is granted by injunction, provisional or final.

Civil Code - CIV - CIV § 3421

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3421

Provisional injunctions are regulated by the C ode of C ivil P rocedure .