BlackletterCalifornia law

CHAPTER 1. Damages in General [3281. - 3296.]

Chapter 1 enacted 1872.

§§ 3281–3296 · 12 sections

  1. ARTICLE 1. General Principles §§ 3281–3283 · 3 sections
    • § 3281 Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which…
    • § 3282 Detriment is a loss or harm suffered in person or property.
    • § 3283 Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.
  2. ARTICLE 2. Interest as Damages §§ 3287–3291 · 6 sections
    • § 3287 (a) A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the…
    • § 3288 In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the…
    • § 3289 (a) Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or…
    • § 3289.5 For purposes of Section 3289, the rate of the contracted finance charge shall be the legal rate of interest stipulated by a retail installment contract subject…
    • § 3290 Accepting payment of the whole principal, as such, waives all claim to interest.
    • § 3291 In any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person, corporation,…
  3. ARTICLE 3. Exemplary Damages §§ 3294–3296 · 3 sections
    • § 3294 (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been…
    • § 3295 (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for…
    • § 3296 (a) Whenever a judgment for punitive damages is entered against an insurer or health care service plan licensed pursuant to Chapter 2.2 (commencing with…