Is a plaintiff entitled to recover the entire amount of damages from a jury in a single verdict?

California, United States of America


The following excerpt is from King v. U.S. Bank Nat'l Ass'n, 266 Cal.Rptr.3d 520, 53 Cal.App.5th 675 (Cal. App. 2020):

"Regardless of the nature or number of legal theories advanced by the plaintiff, he is not entitled to more than a single recovery for each distinct item of compensable damage supported by the evidence. [Citation.] Double or duplicative recovery for the same items of damage amounts to overcompensation and is therefore prohibited." ( Tavaglione v. Billings (1993) 4 Cal.4th 1150, 1158-1159, 17 Cal.Rptr.2d 608, 847 P.2d 574.) "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." ( Id . at p. 1159, 17 Cal.Rptr.2d 608, 847 P.2d 574.)

Other Questions


Is a plaintiff entitled to recover the entire amount of damages awarded by a jury in a single verdict? (California, United States of America)
Is a plaintiff entitled to recover the entire amount of damages awarded by a jury in a single verdict? (California, United States of America)
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)
What authority does appellant rely on when it comes to asserting that a person is entitled to claim that they are not entitled to the same amount of damages as they are entitled to? (California, United States of America)
In a personal injury case, is a plaintiff entitled to damages from the other plaintiff? (California, United States of America)
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
Can a plaintiff recover damages arising from the breach of a lease where the lease was breached within a single unlawful detainer action? (California, United States of America)
Is a plaintiff entitled to recover damages for prenatal injuries sustained by an unborn child? (California, United States of America)
On remand, in what circumstances will the trial court order that a plaintiff be entitled to the same amount of compensation as a plaintiff in a class action? (California, United States of America)
Is a plaintiff entitled to recover damages from a defendant who failed to properly assess the risk? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.