Is prejudgment interest awarded to a jury in an action for breach of a contract?

California, United States of America


The following excerpt is from Greater Westchester Homeowners Ass'n v. City of Los Angeles, 152 Cal.Rptr. 878, 89 Cal.App.3d 954 (Cal. App. 1979):

Civil Code section 3288 provides, in pertinent part, that in an action for breach of an obligation not arising from a contract, interest may be given in the discretion of the jury. Where the trial involved is to the court, this discretion as to whether to award prejudgment interest rests with the court. (Bullis v. Security Pac. Nat. Bank (1978) 21 Cal.3d 801, 814, fn. 16, 148 Cal.Rptr. 22, 582 P.2d 109.)

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