2009 California Civil Code - Section 3287-3291 :: Article 2. Interest As Damages

SECTION 3287-3291

3287.  (a) Every person who is entitled to recover damages certain,
or capable of being made certain by calculation, and the right to
recover which is vested in him upon a particular day, is entitled
also to recover interest thereon from that day, except during such
time as the debtor is prevented by law, or by the act of the creditor
from paying the debt. This section is applicable to recovery of
damages and interest from any such debtor, including the state or any
county, city, city and county, municipal corporation, public
district, public agency, or any political subdivision of the state.
   (b) Every person who is entitled under any judgment to receive
damages based upon a cause of action in contract where the claim was
unliquidated, may also recover interest thereon from a date prior to
the entry of judgment as the court may, in its discretion, fix, but
in no event earlier than the date the action was filed.

3288.  In an action for the breach of an obligation not arising from
contract, and in every case of oppression, fraud, or malice,
interest may be given, in the discretion of the jury.

3289.  (a) Any legal rate of interest stipulated by a contract
remains chargeable after a breach thereof, as before, until the
contract is superseded by a verdict or other new obligation.
   (b) If a contract entered into after January 1, 1986, does not
stipulate a legal rate of interest, the obligation shall bear
interest at a rate of 10 percent per annum after a breach.
   For the purposes of this subdivision, the term contract shall not
include a note secured by a deed of trust on real property.

3289.5.  For purposes of Section 3289, the rate of the contracted
finance charge shall be the legal rate of interest stipulated by a
retail installment contract subject to Chapter 1 (commencing with
Section 1801) of Title 2 of Part 4 of Division 3.

3290.  Accepting payment of the whole principal, as such, waives all
claim to interest.

3291.  In any action brought to recover damages for personal injury
sustained by any person resulting from or occasioned by the tort of
any other person, corporation, association, or partnership, whether
by negligence or by willful intent of the other person, corporation,
association, or partnership, and whether the injury was fatal or
otherwise, it is lawful for the plaintiff in the complaint to claim
interest on the damages alleged as provided in this section.
   If the plaintiff makes an offer pursuant to Section 998 of the
Code of Civil Procedure which the defendant does not accept prior to
trial or within 30 days, whichever occurs first, and the plaintiff
obtains a more favorable judgment, the judgment shall bear interest
at the legal rate of 10 percent per annum calculated from the date of
the plaintiff's first offer pursuant to Section 998 of the Code of
Civil Procedure which is exceeded by the judgment, and interest shall
accrue until the satisfaction of judgment.
   This section shall not apply to a public entity, or to a public
employee for an act or omission within the scope of employment, and
neither the public entity nor the public employee shall be liable,
directly or indirectly, to any person for any interest imposed by
this section.

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