Legal Question in Civil Litigation in California

You might file a complaint for declaratory relief or specific performance.

The answer is yes, under certain agreements and circumstances. The basic rule is that if a contract has been breached, and monetary compensation can provide adequate compensation, then you must sue for money damages. If the contract has not yet been breached, or if the breach can be cured and the parties disagree on the contract or the obligations under it, you can sue for declaratory relief, which is basically a court interpretation of the contract and order to perform it according to the court's interpretation. If the contract has been breached and there is no way to craft a monetary payment that would adequately compensate for the breach, then you can obtain an order for specific performance. A classic example is a contract for sale of real property. Real property is considered unique. So if the buyer is prepared to perform the contract by making payment, and the seller breaches by refusing to convey the property, the buyer can sue for specific performance of the agreement to convey the property.

In unusual circumstances a court will order "specific performance", meaning an order to the defendant to perform her duties under the contract. Judgments for specific performance are reserved for situations where money would not make the plaintiff whole. For example, if you have a contract to buy real estate and the seller breaches, the court could order specific performance on the ground that you are entitled to that specific property and not just to its fair value. But if money could make you whole and you just want specific performance instead, you are unlikely to get it.

If the parties disagree about what a contract means then the court can issue declaratory relief -- a judgment setting forth the parties' rights and duties under the contract.

You should discuss your situation with an attorney to find out whether either or both of these remedies might be available to you and whether it makes sense to go to court.

Good luck.