Legal Question in Civil Litigation in California
Specific performance remedy
Is ''specific performance'' a legal remedy in small claims court? We had a contract with a vendor who abandonded a project and refused to complete the work. We sued for refund of advance money but the small claims judge ordered the hostile vendor to complete the project rather than refunding the unearned portions paid.
1 Answer from Attorneys
Re: Specific performance remedy
Was this vendor ordered to supply some goods or was he ordered to perform work? If was ordered to actually perform some work, that's pretty surprising. Specific performance is supposedly not available in personal service contracts because it amounts to involuntary servitude.
Are you sure the judge didn't just say, "Do the work within X number of days or I'll award a money judgment"?
It all sounds strange. Best of luck,
Ben
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