California Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

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Multi-State
Control #:
US-03187BG
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Word; 
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Description

A settlement agreement is an agreement to terminate, by means of mutual concessions, a claim which is disputed in good faith. It is an amicable method of settling or resolving bona fide differences or uncertainties and is designed to prevent or put an end to litigation. Public policy favors settlement of litigation. It is well-settled public policy that settlement agreements are highly favored and will be enforced whenever possible.


Courts consider a settlement agreement as a contract, and construction and enforcement of settlement agreements are governed by principles of contract law. Accordingly, a settlement agreement is enforceable if the elements of a contract are present: " An agreement;
" Between competent parties;
" Based upon the genuine assent of the parties;
" Supported by consideration;
" Made for a lawful objective; and
" In the form required by law.

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  • Preview Complaint for Specific Performance to Enforce Settlement and for Punitive Damages
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FAQ

You may award punitive damages only if [name of plaintiff] proves by clear and convincing evidence that [name of defendant] engaged in that conduct with malice, oppression, or fraud.

Under California Civil Code 3294, a plaintiff may be awarded punitive damages if there is clear and convincing evidence that the defendant in their case is guilty of: Oppression. Fraud, or. Malice.

A plaintiff is more likely to obtain an order of specific performance in a real estate sale dispute than in many other types of litigation actions. That is because of the inherently unique nature of a parcel of real estate.

Under California law, plaintiffs are allowed to recover ?punitive damages? in cases where they can prove their injuries were caused by the defendant's malice, oppression, or fraud. In most cases, this involves a situation where there was intentional harm or extreme recklessness.

Punitive damages may not be awarded to compensate a plaintiff. The plaintiff has the burden of proving by [a preponderance of the evidence] [clear and convincing evidence] that punitive damages should be awarded and, if so, the amount of any such damages.

The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

A settlement agreement need be signed by only one of the parties to be enforceable under Code of Civil Procedure §664.6. The court can enforce a settlement pursuant to Code of Civil Procedure §664.6 if the parties state in the settlement agreement that the court will reserve jurisdiction.

The burden of proof in regards to punitive damages is ?clear and convincing evidence.? This is a heightened standard of proof than the normal standard of ?preponderance of evidence.? Therefore, it takes more to be awarded punitive damages.

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California Complaint for Specific Performance to Enforce Settlement and for Punitive Damages