Can a court award prejudgment interest on a claim for damages arising from a breach of section 1950.5 of the California Civil Code?

California, United States of America


The following excerpt is from Kraus v. Trinity Management Services, Inc., 57 Cal.App.4th 709, 67 Cal.Rptr.2d 210 (Cal. App. 1997):

The trial court was authorized to award prejudgment interest under section 3287, subdivision (a). Plaintiffs' claim is based on defendants' violation of a statute--in this case, section 1950.5. In Tripp v. Swoap (1976) 17 Cal.3d 671, 681-682, 131 Cal.Rptr. 789, 552 P.2d 749, overruled on other grounds in Frink v. Prod (1982) 31 Cal.3d 166, 180, 181 Cal.Rptr. 893, 643 P.2d 476, the court, noting that section 3287 is not "limited to contract actions and actions sounding in tort," upheld a prejudgment interest award which was based on a statutory violation. Here, the court properly awarded prejudgment interest based on damages for defendants' violation of section 1950.5 which are "certain, or capable of being made certain by calculation, where the right to recover has vested [in the plaintiff] on a particular day."

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