This form is a Complaint for Specific Performance of Rents and Profits. Plaintiff seeks judgment against the defendants for the appointment of a receiver to take possession of the disputed property and to collect all rents. Plaintiff also requests that defendants deliver any books reflecting rents and profits to the specified receiver.
Complaint For Specific Performance Of Contract
Category:
State:
California
Control #:
CA-5014-KL
Format:
Word;
Rich Text
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Description rents property deed
Free preview rents defendants state
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california specific contract FAQ
Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law. Shreeve, 65 Ariz.
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.
Specific Performance: Overview When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. Example: Rina offers to buy Beth's house and Beth accepts, but later decides to keep the property. Real estate is considered to be unique.
Requirements for Specific Performance: 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.
Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.
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Specific performance is a remedy in which a Court requires a party to perform a particular act, more often than not what is set in a contract. COMPLAINT FOR DAMAGES FOR: 1.COMPLAINT FOR: (1) SPECIFIC PERFORMANCE FOR. Specific performance is the name of a remedy for breach of contract. The usual remedy is money damages. Search. Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property.