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http://www.legaldocspro.net/blog/complaint-for-specific-performance-in-california/
The equitable remedy sought in a complaint for specific performance in California is a court order requiring the defendant to perform the action he promised to perform. For example – where a contract is for purchase of real estate, an action for specific performance asks the court to order the defendant to sell the property to the plaintiff on the terms stated in the contract.
http://www.kinseylaw.com/clientserv2/civillitigationserv/specificperform/specificperformance.html
The complaint for specific performance must allege: The making of a specifically enforceable type of contract, sufficiently certain in its terms. Adequate consideration, and a just and reasonable contract. Plaintiff's performance, tender, or excuse for nonperformance. Defendant's breach. Inadequacy of …
http://www.kinseylaw.com/attyserv/civil/complaints/specificperform.html
complaint were acting within the course and scope of that agency and employment. 5. Plaintiff is informed and believes, and on the basis of that information and belief alleges, that at all times mentioned in this complaint, defendant corporation was and is the …
https://www.uscourts.gov/forms/pro-se-forms/complaint-specific-performance-or-damages-based-contract-convey-real-property
The forms do not try to address or cover all the different types of claims or defenses, or how specific facts might affect a particular claim or defense. Some of the forms, such as the form for a generic complaint, apply to different types of cases. Others apply only to specific types of cases.
https://jtblaw.com/specific_performance.shtml
SPECIFIC PERFORMANCE [The following article was excerpted from John T. Blanchard's law school textbook, California Remedies: Commentary, Materials and Problems (3d ed. ©1997)] Specific Performance is an equitable remedy for breach of contract. It is an alternative when money damages, the usual legal remedy, is inadequate.
https://wagensellerlaw.com/when-is-specific-performance-available-in-a-real-estate-contract/
Specific Performance in California Real Estate Matters All of that is background to say that, because a real estate property is generally not interchangeable with another real estate property the same way that an appliance would be, courts are willing to provide specific performance as a remedy to a buyer when a seller tries to back out of a real estate contract.
https://www.uslegalforms.com/us/US-03187BG.htm
Complaint for Specific Performance to Enforce Settlement and for... Complaint for Specific Performance to Enforce Settlement and for Punitive Damages The Forms Professionals Trust! ™
https://law.justia.com/cases/california/court-of-appeal/2d/165/370.html
The instant action was commenced on September 14, 1956, with the filing of plaintiffs' original complaint for specific performance of a purported written agreement dated August 9, 1956, between defendant and plaintiff, Harrison, to sell several parcels of real estate on terms "to be mutually agreed [165 Cal. App. 2d 373] upon"; and, in the alternative, for damages for its alleged breach. Joined as other defendants …
https://smallbusiness.findlaw.com/business-contracts-forms/what-is-specific-performance-as-a-legal-remedy.html
For example, California law states that specific performance may be compelled if: Specific performance would otherwise be an appropriate remedy; and The agreed counterperformance has been substantially performed or its concurrent or future performance is assured or, if the court deems necessary, can be secured to the satisfaction of the court.
https://karlinlaw.blogspot.com/2008/08/example-of-lis-pendens-and-lawsuit.html
Complaint for Specific Performance [in the sale and purchase of real estate] Plaintiffs allege: 1. Defendants are indivduals residing in _____ County California. 2. Plaintiffs are ignorant of the true names and capacities of Defendants sued herein as DOES 1 through 20, and, therefore, sue said Defendants under such fictitious names.
https://pt.scribd.com/doc/117356073/Sample-Complaint-for-Specific-Performance-in-California
Sample Complaint for Specific Performance in California - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. this sample complaint for specific performance in California includes causes of action for breach of contract, specific performance and claim and delivery. The author is a freelance paralegal who has worked in California litigation since 1995 ...
https://law.justia.com/cases/california/court-of-appeal/2d/194/743.html
Although the complaint contains no allegations as to the adequacy of the consideration or that the contract is just and reasonable, which allegations are necessary to statement of a cause of action for specific performance which will withstand a general demurrer (Joyce v. Tomasini, 168 Cal. 234, 237 [142 P. 67]; Eichholtz v.
http://clkrep.lacity.org/onlinedocs/2016/16-1048_misc_10-25-16e.pdf
complaint to set forth the true names of the Doe Defendants when their identities, capacities and the bases for their liability have been more fully ascertained. FIRST CAUSE OF ACTION (Specific Performance for Breach of Contract- Against All Defendants)
https://stanprowse.com/specific-performance
In that case, the complaint you file doesn’t ask for money. Instead it asks for “ specific performance ” of the contract . What you want is a judgment ordering the …
https://gehreslaw.com/part-ii-remedies-for-breach-of-contract-in-california/
Specific performance is an “equitable” remedy that compels the breaching party to live up to his obligations to the non-breaching party. A non-breaching party is always entitled to the “legal remedy” of money damages, whenever he can show he has been damaged in a certain amount.
https://www.uslegalforms.com/us/US-CMP-10065.htm
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https://www.mindingyourbusinesslitigation.com/files/2018/01/California-American-Water-Co.-v.-Marina-Coast-Water-Dist.-No.-A146166-2017-WL-6397685-Cal.-Ct.-App.-Dec.-15-2017.pdf
regardless of whether the complaint also alleges specific contract claims or demands specific performance. In a case initiated by such a complaint, a party’s entitlement to attorney fees under section 1717 turns on the fact that the litigation was about the
https://www.justia.com/trials-litigation/docs/caci/300/303/
Justia - California Civil Jury Instructions (CACI) (2017) 303. Breach of Contract—Essential Factual Elements - Free Legal Information - Laws, Blogs, Legal Services and More
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