Is there sufficient evidence to support a claim for lost income capacity damages in a case where the claim is for damages from a private practice that a plaintiff never opened?

California, United States of America


The following excerpt is from Samuelson v. Dep't of State Hosps., A141659 (Cal. App. 2016):

For any measure of damages, "it is fundamental that 'damages which are speculative, remote, imaginary, contingent, or merely possible cannot serve as a legal basis for recovery. [Citations.]' " (Piscitelli v. Friedenberg (2001) 87 Cal.App.4th 953, 989.) Consistent with this basic principle, the trial court instructed the jury that it could not "speculate or guess" in awarding damages. We are aware of no case in which a court has analyzed whether the evidence was sufficient to support lost income capacity damages in a case such as this one, where the claim is for damages from a private practice that a plaintiff never opened on account of alleged harm from being retaliated against. We look to guidance in similar contexts.

Other Questions


When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
Is there sufficient evidence to support appellant's claim that insufficient evidence supports his claim that he was convicted of failing to follow an instruction? (California, United States of America)
What is the evidence that supports a claim that the evidence supports the claim? (California, United States of America)
What is the evidence that supports a claim that the evidence supports the claim? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the evidence that supports a claim that the evidence supports the claim? (California, United States of America)
Is substantial evidence sufficient to support a defendant's claim of insufficiency of evidence? (California, United States of America)
Where a plaintiff has failed to present sufficient evidence to support a claim of willful misconduct? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.