§ 3344. Failure to quit, after notice. If any tenant give notice of his intention to quit the premises, and does not deliver up the possession at the time specified in the notice, he must pay to the landlord treble rent during the time he continues in possession after such notice. En. March 21, 1872. Cal. Rep.Cit. 125, 566. § 3345. Tenant willfully holding over. If any tenant, or any person in collusion with the tenant, holds over any lands or tenements after demand made and one month's notice, in writing given, requiring the possession thereof, such person holding over must pay to the landlord treble rent during the time he continues in possession after such notice. En. March 21, 1872. Cal.Rep.Cit. 125, 566. Damages for unlawful detainer: See Code Civ. Proc., secs. 735, 1174 et seq. § 3346. Injuries to trees, etc. For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such a sum as would compensate for the actual detriment, except where the trespass was casual and involuntary, or committed under the belief that the land belonged to the trespasser, or where the wood was taken by the authority of highway officers for the purposes of a highway; in which cases the damages are a sum equal to the actual detriment. En. March 21, 1872. Cal.Rep.Cit. 108, 207. Damages for cutting down and carrying away trees: See Code Civ. Proc., sec. 733. § 3347. Injuries inflicted in a duel. If any person slays or permanently disables another person in a duel in this state, the slayer must provide for the maintenance of the widow or wife of the person slain or permanently disabled, and for the minor children, in such manner and at such cost, either by aggregate compensation in damages to each, or by a monthly, quarterly, or annual allowance, to be determined by the court. En. March 21, 1872. Duels and challenges: See Pen. Code, secs. 225-232. § 3348. Same. If any person slays or permanently disables another person in a duel in this state, the slayer is liable for and must pay all debts of the person slain or permanently disabled. En. March 21, 1872. ARTICLE IV. GENERAL PROVISIONS. 3353. Value, how estimated in favor of seller. 3354. Value, how estimated in favor of buyer. Property of peculiar value. 3355. 3356. Value of thing in action. 3357. 3358. Damages allowed in this chapter, exclusive of others. 3359. Damages to be reasonable. 3360. Nominal damages. In 3353. Value, how estimated in favor of seller. estimating damages, the value of property to a seller thereof is deemed to be the price which he could have obtained therefor in the market nearest to the place at which it should have been accepted by the buyer, and at such time after the breach of the contract as would have sufficed, with reasonable diligence, for the seller to effect a resale. En. March 21, 1872. Cal.Rep.Cit. 94, 18; 106, 446. § 3354. Value, how estimated in favor of buyer. In estimating damages, except as provided by sections 3355 and 3356, the value of property, to a buyer or owner thereof, deprived of its possession, is deemed to be the price at which he might have bought an equivalent thing in the market nearest to the place where the property ought to have been put into his possession, and at such time after the breach of duty upon which his right to damages is founded as would suffice, with reasonable diligence, for him to make such a purchase. En. March 21, 1872. Cal.Rep. Cit. 67, 479; 91, 559. § 3355. Property of peculiar value. Where certain prop. erty has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer. En. March 21, 1872. § 3356. Value of thing in action. For the purpose of estimating damages, the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner. En. March 21, 1872. Am'd. 1873-4, 266. § 3357. Damages allowed in this chapter, exclusive of others. The damages prescribed by this chapter are exclusive of exemplary damages and interest, except where those are expressly mentioned. En. March 21, 1872. Cal.Rep.Cit. 106, 447. Exemplary damages: Ante, sec. 3294. Interest: Ante, secs. 3287-3290. § 3358. Limitation of damages. Notwithstanding the provisions of this chapter, no person can recover a greater amount in damages for the breach of an obligation than he could have gained by the full performance thereof on both sides, except in the cases specified in the articles on Exemplary Damages and Penal Damages, and in sections 3319, 3339, and 3340. En, March 21, 1872. Cal.Rep.Cit. 90, 520. Exemplary damages: Ante, sec. 3294. Penal damages: Ante, secs. 3344-3348. § 3359. Damages to be reasonable. Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. En. March 21, 1872. Liquidated damages and penalty: See ante, secs. 1670, 1671. § 3360. Nominal damages. When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages. En. March 21, 1872. Cal.Rep.Cit. 123, 431. 1 TITLE III. SPECIFIC AND PREVENTIVE RELIEF. Chapter I. General Principles, §§ 3366-3369. CHAPTER I. GENERAL PRINCIPLES. 3366. Specific relief, etc., when allowed. 3367. 3368. 3369. § 3366. Specific relief, how given. Preventive relief, how given. Not to enforce penalty, etc. Specific relief, etc., when allowed. Specific or preventive relief may be given in the cases specified in this title and in no others. En. March 21, 1872. Cal.Rep.Cit. 71, 69; 110, 642; 117, 380; 117, 381. Possession of real property: Post, secs. 3375 et seq. Possession of personal property: Post, secs. 3379 et seq. Specific performance of obligations: et seq. Post, secs. 3384 Revision of contracts: Post, secs. 3399 et seq. Rescission of contracts: secs. 3406 et seq. Ante, secs. 1688 et seq.; post, Cancellation of instruments: Post, secs. 3412 et seq. Injunctions: See post, secs. 3420 et seq. § 3367. Specific relief, how given. Specific relief is given: 1. By taking possession of a thing and delivering it to a claimant; 2. By compelling a party himself to do that which ought to be done; or, 3. By declaring and determining the rights of parties, otherwise than by an award of damages. En. March 21, 1872. See secs. 1084-1097, writ of mandate, Code Civ. Proc.; see, also, titles "Lien," "Contesting Elections," "Discharge of Persons Imprisoned on Civil Process," "Forcible Entry and Detainer," "Proceedings Supplementary to Execution," etc., Code Civ. Proc. See post, secs. 3375 et seq., for classification of the instances in which specific relief is given. § 3368. Preventive relief, how given. Preventive relief is given by prohibiting a party from doing that which ought not to be done. En. March 21, 1872. Injunction: See secs. 525-533, Code Civ. Proc. Preventive relief generally: See post, secs. 3420 et seq. While section 3420 says that "preventive relief is granted by injunction, provisional or final," the code commissioners say, citing that section, that "the Code of Civil Procedure provides other remedies," and refers to writs of prohibition, certiorari, and proceedings for contempt. Ceritorari: See secs. 1067 et seq., Code Civ. Proc. § 3369. Not to enforce penalty, etc. Neither specific nor preventive relief can be granted to enforce a penal law, except in a case of nuisance, nor to enforce a penalty or forfeiture in any case. En. March 21, 1872. CHAPTER II. SPECIFIC RELIEF. Article I. Possession of Real Property, § 3375. II. III. IV. V. VI. Possession of Personal Property, §§ 3379-3380. Rescission of Contracts, §§ 3406-3408. ARTICLE I. POSSESSION OF REAL PROPERTY. § 3375. Judgment for possession or title. § 3375. Judgment for possession or title. A person entitled to specific real property, by reason either of a perfected title or of a claim to title which ought to be perfected, may recover the same in the manner prescribed by the Code of Civil Procedure, either by a judgment for its possession, to be executed by the sheriff, or by a judg ment requiring the other party to perfect the title and to deliver possession of the property. En. March 21, 1872. |