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A seller in Ventura, California breaches a real estate purchase agreement by refusing to convey the property. The buyer decides to sue for specific performance. Under California law, which type of court has jurisdiction to hear a specific performance case for real property?

Correct Answer

C) California Superior Court

Under the California Constitution, Article VI, §10, the Superior Court is the trial court of general jurisdiction in California. Specific performance actions involving real property are equitable claims that must be heard in Superior Court, which has original jurisdiction over such matters.

Answer Options
A
Small Claims Court
B
California Court of Appeal
C
California Superior Court
D
Federal District Court

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Related Topics & Key Terms

Key Terms:

specific_performancejurisdictionsuperior_courtequitable_remedy

Related Concepts

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

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