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 single-family dwelling which the party seeking performance intends to occupy, this presumption is conclusive. In all other cases, this presumption is a presumption affecting the burden of proof.
Cal. Civ. Code § 3387
Specific Performance of Obligations [[3384.] - 3395.]
Applied in 16 court decisions — leading case 30 Cal. App. 4th 1850 - Lewis v. Superior Court (1994)
Most recently applied in California Fair Plan Ass'n v. Garnes (May 2017)
Amended by Stats. 1984, Ch. 937, Sec. 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.