This form is a Complaint for Specific Performance and in the Alternative for Breach of Contract. Plaintiff requests from the court that defendant specifically perform the contract and deliver the real property as provided in the agreeement or in the alternative, issue compensatory damages for breach of contract.
Chico California Complaint for Specific Performance and Alternatively for Breach of Contract
State:
California
City:
Chico
Control #:
CA-5027-KL
Format:
Word;
Rich Text
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How to fill out Chico California Complaint For Specific Performance And Alternatively For Breach Of Contract?
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FAQ
Specific performance is a common remedy for a failed purchase and sale of real property. By initiating a specific performance cause of action, the buyer or seller of real property asks the court to compel the other party to perform its contractual obligation to either buy or sell the property.
There are four standard elements required to establish a claim for breach of contract in California: (i) the existence of a valid contract, (ii) the plaintiff's performance or excuse for nonperformance, (iii) the defendant's breach of contract, and (iv) resulting damages.
File your papers in the Clerk's office. If you are suing for $10,000 dollars or less, your filing fee will be $155.30, between $10,000 and $25,000 the fee is $302.50 and if you are suing for more than $25,000, your filing fee will be $229.50.
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.
?To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) the plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff.? (Richman v. Hartley (2014) 224 Cal.
A plaintiff requiring specific performance must have performed his or her obligation towards the defendant. Otherwise, the courts may not award specific performance when the plaintiff did not execute his or her obligations towards the defendant or has contributed to the damages in a significant way.
Breach of Contract is generally governed by California Civil Code Sections 3300-3302 and 3353-3360. There is also extensive case law elaborating upon these Sections and discussing the nuances of the governing law.
A specific performance clause is part of a contract that calls for the party that breaches a contract to fulfill the terms of the contract (as opposed to paying a monetary penalty). Specific performance clauses are used primarily in cases where a monetary award would not be sufficient.
A breach of contract in California occurs when one party to the contract fails to fulfill a legal duty the contract created. For example, if the agreement requires a contractor to fix a sink and the contractor fails to fix the sink, this would be considered a breach of contract.
Obtaining Specific Performance in a Breach of Contract When the breaching party is found guilty of a material breach, the wronged party can pursue specific performance as a remedy to the breach. Other remedies include collecting damages in the value of money determined by the court, or a settlement.
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