California Remedies — Bar One-Sheet (Elements & Mnemonics)

CALIFORNIA REMEDIES — BAR ONE-SHEET (ELEMENTS & MNEMONICS)

Lean California issue-spotting checklist — elements and mnemonics only. Pair with the full California Remedies Master Outline for depth, then practice timed essays at BarExamNextGen.

KEY PRINCIPLE #1 — REMEDIES FRAMEWORK (PICK THE LANE)

For each wrong, identify the underlying claim, then run: Legal damages → Restitution → Equitable (injunction/SP) → Punitive. Mnemonic: "L-R-E-P."

Damages must be causal, foreseeable, certain, unavoidable (mitigation). Mnemonic: "C-F-C-U."

KEY PRINCIPLE #2 — CONTRACT DAMAGES

Expectation = benefit of the bargain (Civ. Code §3300); reliance and restitution as alternatives.
Consequential damages only if foreseeable (Hadley); incidental; no emotional distress generally.
Liquidated damages — Civ. Code §1671(b): in non-consumer contracts the clause is VALID unless unreasonable under the circumstances at contracting (CA presumes valid; opposite of consumer §1671(d) and common-law forecast test). No actual-harm requirement needed if reasonable.

KEY PRINCIPLE #3 — TORT DAMAGES & PUNITIVES (CA-SPECIFIC)

Compensatory: economic + non-economic; Civil Code §1431.2 (Prop 51) — non-economic damages are several only (each defendant pays own % of fault).
Punitive damages — Civ. Code §3294: available in non-contract actions on clear and convincing evidence of malice, oppression, or fraud.
Against an employer for an employee's acts: need advance knowledge/ratification or managing-agent act (§3294(b)).
Constitutional cap guidance: single-digit ratio (State Farm).

KEY PRINCIPLE #4 — FRAUD & MISREPRESENTATION DAMAGES

Civ. Code §3343 "out-of-pocket" rule: defrauded buyer recovers difference between what paid and value received (CA default for fraud), not benefit-of-the-bargain.
Exception: §3343(a)(4) benefit-of-bargain allowed where defendant is a fiduciary or by intentional concealment in a transaction the plaintiff would otherwise have completed.

KEY PRINCIPLE #5 — RESTITUTION & CONSTRUCTIVE TRUST

Goal: prevent unjust enrichment; measure by defendant's gain.
Constructive trust — Civ. Code §2223/§2224: one who wrongfully detains/gains property by fraud, mistake, undue influence, etc. holds it as a constructive trustee for the rightful owner. Requires an identifiable res + tracing; advantage = reaches appreciation, beats other creditors.
Equitable lien alternative: security interest in property + deficiency judgment.
Legal restitution: quasi-contract / quantum meruit; replevin; ejectment.

KEY PRINCIPLE #6 — INJUNCTIONS

Preliminary injunction / TRO: (1) likelihood of success on merits AND (2) interim harm balancing (irreparable injury). Bond usually required.
Permanent injunction elements: mnemonic "I-F-B-D-E" — Inadequate legal remedy, Feasibility of enforcement, Balance of hardships (P's benefit > D's + public), Defenses (laches, unclean hands), and a protectable property/right.
No injunctions to enforce personal-service contracts (but negative covenant to restrain competition may issue).

KEY PRINCIPLE #7 — SPECIFIC PERFORMANCE

Elements: valid contract + definite terms + P performed/ready & able + inadequate legal remedy + feasible to enforce + no defenses.
Land = unique, so legal remedy presumed inadequate → SP routinely granted. Rare/unique goods too (UCC §2-716).
Mutuality: Civ. Code §3386 — relief not denied merely because not available to the other party.
Defenses: laches, unclean hands, unconscionability, hardship, mistake, Statute of Frauds, sale to BFP.

KEY PRINCIPLE #8 — §17200 UNFAIR COMPETITION LAW (HIGH-YIELD CA)

Bus. & Prof. Code §17200 (UCL): prohibits any unlawful, unfair, or fraudulent business act or practice.
Remedies are LIMITED to INJUNCTION + RESTITUTION ONLY — NO damages and no punitive damages under the UCL.
Standing (§17204): plaintiff must have lost money/property & suffered injury in fact.
4-year statute of limitations; §17500 false advertising overlaps.

KEY PRINCIPLE #9 — DEFENSES & ANCILLARY

Equitable defenses: laches, unclean hands, estoppel; legal defense: Statute of Limitations.
Rescission (Civ. §1689) & reformation (Civ. §3399) for mistake/fraud; restore status quo.
Replevin/detinue, ejectment, accounting; declaratory relief.

KEY PRINCIPLE #10 — PROPERTY & LAND REMEDIES

Trespass to land: nominal + actual damages; injunction for continuing trespass.
Nuisance: private (substantial + unreasonable interference) → damages + injunction balancing equities; public nuisance abatement.
Waste: voluntary/permissive/ameliorative; damages or injunction.
Encroachment: mandatory injunction unless innocent + great hardship (then damages).

KEY PRINCIPLE #11 — RESCISSION, REFORMATION & ELECTIONADDITIONAL HIGH-YIELD POINTS

Collateral Source Rule. Payments to the plaintiff from independent sources (insurance, etc.) do NOT reduce the defendant’s liability. Note the medical-bill limit: a tort plaintiff recovers the amount actually paid/owed, not the inflated billed rate (Howell). Wrongdoer gets no windfall from the victim’s insurance.

Avoidable Consequences / Mitigation. No recovery for losses the plaintiff could have reasonably avoided; mitigation expenses are themselves recoverable. Duty to mitigate is really a bar on avoidable damages.

Certainty — New-Business Rule. Lost profits must be proven with reasonable certainty; CA allows new/unestablished businesses to prove lost profits by any reliable method (expert/comparable data), rejecting a per-se bar. “Reasonable certainty,” not mathematical precision.

Prejudgment Interest. Civ. Code §3287 — recoverable as of right on damages certain or capable of being made certain by calculation; §3288 allows discretionary interest in non-contract/fraud actions. Liquidated/certain = interest of right.

Economic Loss Rule. A plaintiff generally can’t recover in tort for purely economic losses arising from a contract/defective product (no personal injury or other-property damage). Stay in contract for economic-only loss.

Tracing — Lowest Intermediate Balance. To impose a constructive trust/equitable lien on commingled funds, trace into a bank account using the lowest-intermediate-balance rule; later deposits don’t replenish dissipated trust funds absent intent. Trust claim caps at the account’s lowest point.

BFP & Change-of-Position Defenses to Restitution. A constructive trust/equitable lien fails against a bona fide purchaser for value without notice; an innocent recipient who detrimentally changed position may reduce restitution. BFP cuts off the equitable remedy.

Replevin / Claim & Delivery. Recover specific personal property wrongfully taken/detained; plaintiff may obtain prejudgment possession by posting a bond and showing probable right to possession. Legal remedy for return of a chattel.

Ejectment vs. Unlawful Detainer. Ejectment recovers possession of real property (plus mesne damages) at law; unlawful detainer is CA’s summary statutory eviction remedy with limited defenses. Title/possession dispute = ejectment; landlord-tenant = UD.

Attachment. A prejudgment provisional remedy letting a creditor lien the debtor’s nonexempt property to secure a claim; available mainly in commercial cases on a fixed/readily ascertainable contract sum. Pre-judgment security, not a final remedy.

Election of Remedies. A plaintiff may plead inconsistent remedies (e.g., rescission and damages) but must elect before judgment to avoid double recovery; affirming a contract waives rescission. Pursue both, recover one.

Quasi-Contract / Money Had & Received. Where no enforceable contract exists, plaintiff recovers the reasonable value of benefits conferred (quantum meruit) or money the defendant in equity must return. Implied-in-law recovery to prevent unjust enrichment.

Punitive Damages — Not Insurable; Bifurcation. CA bars insurance coverage of punitive damages as against public policy; net-worth/financial-condition evidence is required and tried in a bifurcated phase (Civ. Code §3295). Defendant’s wealth comes in only after liability for punitives is shown.

Comparative Fault & Mitigation of Tort Damages. CA uses pure comparative negligence (recovery reduced by plaintiff’s % fault, never barred); combine with Prop 51 several-only allocation of non-economic damages. Pure comparative + several non-economic.

Reformation Elements. Civ. Code §3399 — reform a writing that fails to express the parties’ true agreement due to mutual mistake (or unilateral mistake known to the other party) or fraud; the underlying agreement must be valid and clear. Fix the paper, not the deal.

★ ONE-LINE ATTACK ORDER

Identify the wrong → is the legal remedy adequate? → legal damages (compensatory; punitive §3294) → restitution (constructive trust §2223–2224 / quasi-contract) → equity (injunction / specific performance — run the elements) → equitable defenses → apply by area (contract / tort / property / UCL §17200).