Cal. Codes » Civil Code / DIVISION 4. GENERAL PROVISIONS / PART 1. RELIEF / TITLE 3. SPECIFIC AND PREVENTIVE RELIEF / CHAPTER 2. Specific Relief / ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395.]
California Codes

Cal. Civil Code § 3387 (2026)

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 37 cases (8 in the last 5 years), 1951–2025 · leading case: California Fair Plan Ass'n v. Garnes, 11 Cal. App. 5th 1276 (Cal. Ct. App. 2017).
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California Fair Plan Ass'n v. Garnes, 11 Cal. App. 5th 1276 (Cal. Ct. App. 2017). · cites it 2× “3d 835 ]; Civ. Code, § 3387), especially regarding a home.”
Real Est. Analytics, LLC v. Vallas, 72 Cal. Rptr. 3d 835 (Cal. Ct. App. 2008). · cites it 2× “During closing arguments at trial, REA’s counsel urged the court to grant this remedy, citing the statutory presumption that a damages remedy is inadequate for a breach of a real property sales contract (Civ. Code, § 3387), and emphasizing the unique coastal location and size of…”
City of San Jose v. Superior Court, 525 P.2d 701 (Cal. 1974). · cites it 2× “(Civ. Code, § 3387; see also Porporato v. Devincenzi (1968) 261 Cal.”
Birkenfeld v. City of Berkeley, 550 P.2d 1001 (Cal. 1976). “27 Plaintiffs contend that a more pressing necessity is constitutionally required for regulation of rents than for the regulation of prices generally *159 because of the historic preference for real property exemplified by the legal presumption that breach of an agreement to…”
Cottonwood Christian Ctr. v. Cypress Redevelopment Agency, 218 F. Supp. 2d 1203 (C.D. Cal. 2002). “”) Defendants assert that Cottonwood can make the same arguments it makes here in the state condemnation proceedings.”
Kaufman v. Goldman, 195 Cal. App. 4th 734 (Cal. Ct. App. 2011). “She claims that “[i]n a city the size of San Francisco, where there are a large number of residential rental units, [plaintiff] has an adequate remedy of damages for Breach of Contract.”
Campbell v. Superior Court, 2005 Cal. Daily Op. Serv. 8360 (Cal. Ct. App. 2005). “(Civil Code § 3387 [“It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation”]; cf.”
Fonteno v. Wells Fargo Bank, N.A., 228 Cal. App. 4th 1358 (Cal. Ct. App. 2014). “”]; Civ. Code, § 3387 [stating that “[i]t is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation”].”
Lennar Homes of California, Inc. v. Stephens, 232 Cal. App. 4th 673 (Cal. Ct. App. 2014). “”]; Civ. Code, § 3387 [presumption that monetary damages are inadequate to remedy breach of agreement to transfer real estate; presumption is conclusive in case of single-family dwelling which the party seeking specific performance intends to occupy].”
Byrne v. Laura, 97 Cal. Daily Op. Serv. 1123 (Cal. Ct. App. 1997). “(Civ. Code, § 3387 [real property]; Rest.2d Contracts, § 360, com.”
Freedman v. Rector, Wardens & Vestrymen of St. Matthias Par., 230 P.2d 629 (Cal. 1951). “866 ]; Civ. Code, § 3387), when as in this case the evidence establishes that it would not “be impracticable or extremely difficult to fix the actual damages” (Civ.”
Ellison v. Ventura Port Dist., 80 Cal. App. 3d 574 (Cal. Ct. App. 1978). “(Civ. Code, § 3387; 7 Witkin, Summary of Cal.”
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