Is a plaintiff entitled to prejudgment interest on her loss of use claim?

California, United States of America


The following excerpt is from Moreno v. Greenwood Auto Center, 110 Cal.Rptr.2d 177 (Cal. App. 2001):

Defendant contends plaintiff may not receive prejudgment interest on her loss of use claim. Citing Lint v. Chisholm (1981) 121 Cal.App.3d 615, 624-625, defendant argues: "[I]t is clear from the jury verdict, awarding loss of use damages on plaintiff's conversion claim, that plaintiff has already been compensated for prejudgment interest, and, and in accepting that award, has elected the tort remedy. 'In the absence of special circumstances the appropriate measure of damages for conversion of personal property is the fair market value of that property plus interest from the date of conversion, the standard first listed in [section 3336]. However, where proof establishes an injury beyond that which would be adequately compensated by the value of the property and interest, the court may award such amounts as will indemnify for all proximate reasonable loss caused by the wrongful act. [Citation.] Where damages for loss of use exceed the legal rate of interest, it is appropriate to award the former, but not both.'"

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