Is a plaintiff entitled to general damages under section 3360 of the California Civil Code?

California, United States of America


The following excerpt is from Walnut Manor Assoc.s v. Keys, C057198, No.CV991464 (Cal. App. 2010):

Plaintiff contends it is nevertheless entitled to nominal damages. Civil Code section 3360 states: "When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages." "Nominal damages are properly awarded in two circumstances: (1) Where there is no loss or injury to be compensated but where the law still recognizes a technical invasion of a plaintiff's right or a breach of a defendant's duty; and (2) although there have been real, actual injury and damages suffered by a plaintiff, the extent of plaintiff's injury and damages cannot be determined from the evidence presented." (Avina v. Spurlock (1972) 28 Cal.App.3d 1086, 1088.)

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