What are the consequences of a failure to award an award of nominal damages in an action brought by ADP?

ADP relies on two exceptions. When the award of nominal damages carries costs as a matter of right, or when the cause of action seeks to establish a permanent property right, the failure to award nominal damages may be grounds for reversal. (Sweet v. Johnson, supra, 169 Cal.App.2d at pp. 633-634.) Neither of these exceptions apply. ADP does not identify the permanent property right at issue, but assuming it is the asserted right to a commission, we have determined ADP did not prove any such right.

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