California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 1 — Relief, Title 3 — Specific and Preventive Relief, Chapter 2 — Specific Relief, Article 3 — Specific Performance of Obligations, Section 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 the party in default is willing to pay the same.
Notes
Allows a contract otherwise proper for specific enforcement to be specifically enforced even when it imposes a penalty or liquidated damages for breach and the defaulting party is willing to pay that amount. The existence or willingness to pay the contractual penalty or liquidated damages does not itself defeat specific performance.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 3389 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-1/title-3/chapter-2/article-3/section-3389