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 3386

Notwithstanding that the agreed counterperformance is not or would not have been specifically enforceable, specific performance may be compelled if:

(a) Specific performance would otherwise be an appropriate remedy; and

(b) The agreed counterperformance has been substantially performed or its concurrent or future performance is assured or, if the court deems necessary, can be secured to the satisfaction of the court.

Notes

Allows specific performance even when the agreed counterperformance is not or would not have been specifically enforceable, if specific performance is otherwise appropriate and the counterperformance has been substantially performed, its concurrent or future performance is assured, or, when the court considers it necessary, that performance can be secured to the court’s satisfaction.

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