What is the test for determining whether a plaintiff is entitled to damages for damages that are speculative?
California, United States of America
The following excerpt is from Regalado v. Callaghan, 207 Cal.Rptr.3d 712, 3 Cal.App.5th 582 (Cal. App. 2016):
An award of damages must be predicated on something more than mere possibilities. (Metcalf v. Drew (1947) 78 Cal.App.2d 226, 232, 177 P.2d 620.) [I]t is fundamental that damages which are speculative,
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remote, imaginary, contingent, or merely possible cannot serve as a legal basis for recovery. (Piscitelli v. Friedenberg (2001) 87 Cal.App.4th 953, 989, 105 Cal.Rptr.2d 88.)
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