California Codes
Cal. Civil Code § 3388 (2026)
✓ current as of May 2026
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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, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance.
Notes of Decisions
Cited in 14
cases (3 in the last 5 years), 1950–2024 · leading case: Chun Ping Turng v. Guaranteed Rate, Inc., 371 F. Supp. 3d 610 (N.D. Cal. 2019).
Chun Ping Turng v. Guaranteed Rate, Inc., 371 F. Supp. 3d 610 (N.D. Cal. 2019). “In any event, California Civil Code section 3388 states "[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, or offers to perform it on *623 his part, and the case is…”
Edwards v. Doordash, Inc., 888 F.3d 738 (5th Cir. 2018). “3d 151 , 159 (2015) (quoting CAL. CIV. CODE § 3388 ). Here, as in Serafin , Edwards has not disputed that DoorDash performed its obligations under the ICA.”
Juen v. Alain Pinel Realtors, Inc., 244 Cal. Rptr. 3d 411 (Cal. Ct. App. 5th 2019). “" Civil Code section 3388 is a specific performance remedy provision for breach of a contract enforceable in equity.”
Serafin v. Balco Props. Ltd., LLC, 39 I.E.R. Cas. (BNA) 1534 (Cal. Ct. App. 2015). “(Civ. Code, § 3388.) Serafín does not, and cannot, dispute that Balco has at all times performed all the duties required of it under the arbitration agreement.”
Rael v. Davis, 166 Cal. App. 4th 1608 (Cal. Ct. App. 2008). “(Civ. Code, § 3388.) 16 Foxgate was not an express waiver case.”
Nielsen Constr. Co. v. Int'l Iron Prods., 58 Cal. Comp. Cases 627 (Cal. Ct. App. 1993). “” (Civ. Code, § 3388, italics added.) “[Formal Requirements; Statute of Frauds] [f] (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing…”
Arrow Flying Serv., Inc. v. Universal Flyers Ground Sch., 221 P.2d 231 (Cal. Ct. App. 1950). “(Civ. Code, § 3388; Gelfan v. Bessolo & GuaIano, Inc.”
Juen v. Alain Pinel Realtors, Inc. (Cal. Ct. App. 2019). “” Civil Code section 3388 is a specific performance remedy provision for breach of a contract enforceable in equity.”
In re: Med Equity, LLC (9th Cir. BAP 2022). “”); Cal. Civ. Code § 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, or offers to perform it on his part .”
Campos v. Fresno Deputy Sheriff's Ass'n, Cnty. of Fresno (E.D. Cal. 2020). “However, California Civil Code § 3388 permits a non-signatory to enforce a 26 contract against one who has signed, if the non-signatory has nonetheless performed.”
Holman v. Bath & Body Works, LLC (E.D. Cal. 2021). “”) (citing Cal. Civ. Code § 3388 ). 23 Defendants also argue Plaintiff implicitly assented to the agreement under California law 24 because an at-will employee’s continued employment after notification of an arbitration 25 agreement, is an agreement to be bound by the…”
The Est. of Aleida Arce v. Panish Shea & Boyle LLP (S.D. Cal. 2019). “3 Civ. Code § 3388 (party who has signed a written contract may be compelled to specifically 4 perform it, though the other party has not signed it, if the other party offers to perform it 5 on his part).”
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