Is a plaintiff entitled to recover the entire amount of damages awarded by a jury for breach of contract or bad faith denial of contract?

California, United States of America


The following excerpt is from Sharma v. Jaisinghani, B275607 (Cal. App. 2018):

recovery for the same items of damage amounts to overcompensation and is therefore prohibited. [Citation.] [] Thus, for example, in a case in which the plaintiff's only item of damage was loss of commissions, two awards of damages identical in amountone for breach of contract and the other for bad faith denial of the same contractcould not be added together in computing the judgment. Plaintiff was entitled to only one of the awards. [Citations]. [] In contrast, where separate items of compensable damage are shown by distinct and independent evidence, the plaintiff is entitled to recover the entire amount of his damages, whether that amount is expressed by the jury in a single verdict or multiple verdicts referring to different claims or legal theories. [Citations]." (Tavaglione v. Billings (1993) 4 Cal.4th 1150, 1158-1159.)

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