How have courts interpreted the certainty requirement of section 3287 of the California Social Security Act?

California, United States of America


The following excerpt is from Leff v. Gunter, 189 Cal.Rptr. 377, 33 Cal.3d 508, 658 P.2d 740 (Cal. 1983):

In interpreting the certainty requirement of section 3287 in Tripp v. Swoap, supra, 17 Cal.3d at page 682, 131 Cal.Rptr. 789, 552 P.2d 749, we observed: "Once an applicant's entitlement to benefits is established, the calculation of the amount of such benefits becomes a mechanical exercise of applying the appropriate standard of assistance. The recovery of wrongfully withheld benefits thus is not subject to the uncertainty that would otherwise bar an award of interest."

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