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California Complaint for Specific Performance of Contract

Sacramento California Complaint for Specific Performance of Contract

Name: Sacramento California Complaint for Specific Performance of Contract
Brand: US Legal Forms
Rating: 4.73 (435 reviews)

Category:

California Civil Actions - Breach of Contract

State:

California

County:

Sacramento

Control #:

CA-5010-KL

Format:

Instant download

Description

This form is a Complaint for Specific Performance. The plaintiff contends that he/she has performed all the conditions and promises required by him/her. The defendant has refused to perform his/her portion of the contract. Therefore, the plaintiff requests that the court require defendant to render specific performance and other relief the court may deem to be proper.

A Sacramento California Complaint for Specific Performance of Contract is a legal document filed in the Sacramento County Superior Court seeking a court order to force a party to perform their obligations under a contract. This type of complaint is typically used when monetary damages would not adequately compensate the injured party and specific performance is the most appropriate remedy. In Sacramento, there are two primary types of Complaints for Specific Performance of Contract: residential real estate-specific performance and commercial real estate-specific performance. Residential Real Estate-Specific Performance: This type of complaint arises when one party to a contract for the sale or purchase of residential real estate fails to fulfill their contractual obligations. The complaint would request the court to order the defaulting party to specifically perform their obligations by either transferring the property or completing the purchase. Commercial Real Estate-Specific Performance: Similar to residential real estate-specific performance, this complaint is filed when a party involved in the sale or purchase of commercial real estate fails to fulfill their obligations. The injured party would seek a court order to require the defaulting party to perform the terms of the contract, such as transferring the property or completing the purchase. Keywords: Sacramento California, complaint, specific performance of contract, legal document, Sacramento County Superior Court, monetary damages, remedy, residential real estate, commercial real estate, sale, purchase, contractual obligations, court order, transfer property, complete purchase.

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How to fill out Sacramento California Complaint For Specific Performance Of Contract?

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FAQ

A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. Remedy of specific performance, which is affected in case of breach of contracts, is provided by the equity courts.

Buyer's Suing for Specific Performance The buyer may pursue specific performance if the seller is unwilling to carry out his or her obligations under the contract. Specific performance is allowed in real estate contracts because each parcel of land is unique and monetary damages are not adequate.

(2) Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed by only a small proportion to the whole in value and admits of compensation in money, the court may, at the suit of either party, direct the specific performance of so much of the contract as

It is a fundamental principle of contract law that, subject to certain exceptions, only a party to a contract (or deed) can enforce that contract.

Amendment: Section 10 of the Act - The specific performance of a contract shall be enforced by the court of law subject to the contracts which cannot be specifically enforced as provided in Sections 11(2), 14 and 16 of the Act.

Courts will enforce specific performance only if the underlying contract was ?fair and equitable.? It is up to the plaintiff to demonstrate that the contract was an appropriate one, legal, with each party receiving fair consideration for performance.

Although it is unusual, a seller also has a legal right to bring an action for specific performance against a defaulting buyer under California law. Many real property purchase agreements provide for ?exclusive? remedies to sellers.

A specific performance clause is typically enforceable as long as it is fair to both parties, and as long as the injured party can prove that the defendant failed to live up to their obligations and that they (the injured party) lived up to theirs.

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract.

A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. Most commonly ordered in cases involving real property and rare chattels.

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From the publication of the California Style Manual. The manual provides a guide to standard legal style in the appellate courts, and benefits litigants.Tenant Protection Program gives residents a safeguard when renting in the city. In the rental agreement or lease, or posted conspicuously in the rental unit or building.1. SPeciaL SitUatioNS the tenant rights and responsibilities. Do not risk having a legitimate workplace complaint lawsuit dismissed simply because you missed a deadline or did not complete a necessary step in the process. Limitation declaratory relief and specific performance. 126. Metropolitan and Mojave reserve the right to amend this petition and complaint to. Members in the specific Region. That is why, among other contractual differences between the Northern California and Southern California Regions,.

The Northern Region is limited to. That is why, among other contractual differences between the Northern California and Southern California Regions, the Northern Region is limited to ten (10) days for service of process for a complaint. This limit serves to ensure that Northern California Region members do not lose time while waiting at the bench on a complaint to which they are a party or the court, or while dealing with a lawsuit from a party not a member. 128. Plaintiff is limited to filing this action within thirty (30) days of the date of the final decision rendered by the court in the District Court on the initial complaint, or within ten (10) days of the first attempt to reach a settlement agreement with the Tenant.

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Sacramento California Complaint for Specific Performance of Contract

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