Ludwicki v. Guerin

In Ludwicki v. Guerin (1961) 57 Cal.2d 127, the court held that the statute of limitations on an action seeking quasi-specific performance starts to run upon the promisor's death. (Id. at p. 131.) In reaching that conclusion, the court commented that "under certain circumstances equity will give relief equivalent to specific performance by impressing a constructive trust upon the property which decedent had promised to leave to plaintiff." (Ludwicki, supra, 57 Cal. 2d at p. 130, ) Ludwicki accurately states the law. Quasi-specific performance is appropriate in some but not all cases. Further, Ludwicki was premised on the decedent's ownership of real property (Ludwicki, supra, 57 Cal. 2d at p. 131), thereby permitting an action for quasi-specific performance to impose a constructive trust.