In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part, and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing such performance.
§ 457.Performance of Conditions Precedent In Contract
Title 6. Of the Pleadings In Civil Actions · Chapter 7. General Rules of Pleading · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 457 allows a party to plead performance of contractual conditions precedent generally — by alleging that the party duly performed all conditions on its part — and requires proof of the actual facts only if the adverse party disputes the allegation.
Full Text of § 457
Plain-English Summary
Contracts often make one party’s obligation conditional on the other side doing something first. Section 457 spares the pleader from spelling out every fact showing that performance happened. A general allegation — that the party duly performed all conditions on its part — is enough to plead the point.
That general allegation is not bulletproof. If the adverse party controverts it, the pleading party then has to prove at trial the specific facts showing the conditions were in fact performed.
Frequently Asked Questions
Do I have to describe exactly how I performed a contract’s conditions precedent?
No. Section 457 lets you allege generally that you duly performed all conditions on your part; you only need to prove the specific facts if the other side disputes the allegation.
What happens if the defendant denies I performed the contract’s conditions?
Once that general allegation is controverted, § 457 shifts the burden to you to establish at trial the facts showing you performed.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: pleading performance of conditions precedent californiaconditions precedent contract pleading