TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366. - 3424.]

Title 3 enacted 1872.

§§ 3366–3424 · 31 sections

1. CHAPTER 1. General Principles §§ 3366–3369 · 4 sections

   • § 3366 Specific or preventive relief may be given as provided by the laws of this state.
   • § 3367 Specific relief is given: 1. By taking possession of a thing, and delivering it to a claimant; 2. By compelling a party himself to do that which ought to be…
   • § 3368 Preventive relief is given by prohibiting a party from doing that which ought not to be done.
   • § 3369 Neither specific nor preventive relief can be granted to enforce a penalty or forfeiture in any case, nor to enforce a penal law, except in a case of nuisance…
2. CHAPTER 1.5. Investment Advisers § 3372 · 1 section

   • § 3372 (a) Any person engaged in the business of advising others for compensation as to the advisability of purchasing, holding or selling property for investment and…
3. CHAPTER 2. Specific Relief §§ 3375–3415 · 21 sections

   1. ARTICLE 1. Possession of Real Property § 3375 · 1 section

      • § 3375 A person entitled to specific real property, by reason either of a perfected title, or of a claim to title which ought to be perfected, may recover the same in…
   2. ARTICLE 2. Possession of Personal Property [3379. - [3380.]] §§ 3379–[3380.] · 2 sections

      • § 3379 A person entitled to the immediate possession of specific personal property may recover the same in the manner provided by the Code of Civil Procedure.
      • § [3380.] Section Thirty-three Hundred and Eighty. Any person having the possession or control of a particular article of personal property, of which he is not the…
   3. ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395.] §§ [3384.]–3395 · 10 sections

      • § [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)…
      • § 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…
      • § 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,…
      • § 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…
      • § 3390 The following obligations cannot be specifically enforced: (a) An obligation to render personal service. (b) An obligation to employ another in personal…
      • § 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…
      • § 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…
      • § 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…
   4. ARTICLE 4. Revision of Contracts §§ 3399–3402 · 4 sections

      • § 3399 When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not…
      • § 3400 For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.
      • § 3401 In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is…
      • § 3402 A contract may be first revised and then specifically enforced.
   5. ARTICLE 6. Cancellation of Instruments §§ 3412–3415 · 4 sections

      • § 3412 A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it…
      • § 3413 An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in…
      • § 3414 Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue.
      • § 3415 (a) An action may be maintained by any person interested in any private document or instrument in writing, which has been lost or destroyed, to prove or…
4. CHAPTER 3. Preventive Relief §§ 3420–3424 · 5 sections

   • § 3420 Preventive relief is granted by injunction, provisional or final.
   • § 3421 Provisional injunctions are regulated by the Code of Civil Procedure.
   • § 3422 Except where otherwise provided by this Title, a final injunction may be granted to prevent the breach of an obligation existing in favor of the applicant: 1.…
   • § 3423 An injunction may not be granted: (a) To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless this…
   • § 3424 (a) Upon notice and motion, the court may modify or dissolve a final injunction upon a showing that there has been a material change in the facts upon which…