2009 California Civil Code - Section 3384-3395 :: Article 3. Specific Performance Of Obligations

[3384.]  Section Thirty-three Hundred and Eighty-four. Except as
otherwise provided in this Article, the specific performance of an
obligation may be compelled.

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 performed
or its concurrent or future performance is assured or, if the court
deems necessary, can be secured to the satisfaction of the court.

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 cases, this presumption is a presumption
affecting the burden of proof.

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.

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.

3390.  The following obligations cannot be specifically enforced:
   1. An obligation to render personal service;
   2. An obligation to employ another in personal service;
   3. An agreement to perform an act which the party has not power
lawfully to perform when required to do so;
   4. An agreement to procure the act or consent of the wife of the
contracting party, or of any other third person; or,
   5. An agreement, the terms of which are not sufficiently certain
to make the precise act which is to be done clearly ascertainable.

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,
concealment, circumvention, or unfair practices of any party to whom
performance would become due under the contract, or by any promise of
such party which has not been substantially fulfilled; or;
   4. If his assent was given under the influence of mistake,
misapprehension, or surprise, except that where the contract provides
for compensation in case of mistake, a mistake within the scope of
such provision may be compensated for, and the contract specifically
enforced in other respects, if proper to be so enforced.

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 being fully compensated, in which case specific
performance may be compelled, upon full compensation being made for
the default.

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.

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 good faith and for value, and except, also, that any
such person may exonerate himself by conveying all his estate to the
person entitled to enforce the obligation.