Cal. Codes » Civil Code / DIVISION 4. GENERAL PROVISIONS / PART 1. RELIEF / TITLE 2. COMPENSATORY RELIEF / CHAPTER 1. Damages in General / ARTICLE 1. General Principles
California Codes

Cal. Civil Code § 3281 (2026)

✓ current as of May 2026
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Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.

Notes of Decisions
Cited in 70 cases (11 in the last 5 years), 1946–2025 · leading case: Howell v. Hamilton Meats & Provisions, Inc., 257 P.3d 81 (Cal. 2011).
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Howell v. Hamilton Meats & Provisions, Inc., 257 P.3d 81 (Cal. 2011). · cites it 12× “DISCUSSION (2) Compensatory damages are moneys paid to compensate a person who "suffers detriment from the unlawful act or omission of another" (Civ. Code, § 3281), and the measure of damages generally recoverable in tort is "the amount which will compensate for all the…”
Cortez v. Purolator Air Filtration Prods. Co., 999 P.2d 706 (Cal. 2000). · cites it 2× “Civil Code section 3281 defines "damages": "Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.”
Olsen v. Reid, 164 Cal. App. 4th 200 (Cal. Ct. App. 2008). · cites it 4× “) *215 The principles explained and applied in Nishihama and Hanif are soundly based on California statutes—Civil Code sections 3281, [1] 3282, [2] 3333, [3] and 1431.”
Diamond Multimedia Sys., Inc. v. Superior Court, 968 P.2d 539 (Cal. 1999). · cites it 2× “[20] Civil Code section 3281 provides that "[e]very person who suffers detriment" from unlawful acts or omissions in California may recover damages from the person at fault.”
Nat'l Rural Telecomm. Coop. v. DIRECTV, Inc., 319 F. Supp. 2d 1059 (C.D. Cal. 2003). · cites it 2× “California Civil Code § 3281 defines damages as follows: Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault compensation therefor in money, which is called damages.”
Currie v. Workers' Comp. Appeals Bd., 17 P.3d 749 (Cal. 2001). · cites it 2× “) [4] In its answer brief in the Court of Appeal and its answer to the petition for review, LACMTA argued, in the alternative, that even if prejudgment interest could be included in Labor Code section 132a awards, it would not properly be awarded in this case under Civil Code…”
Intel Corp. v. Hartford Acc. & Indem. Co., 692 F. Supp. 1171 (N.D. Cal. 1988). · cites it 2× “Indeed, there is a statute speaking to the issue, California Civil Code § 3281, which provides: Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.”
Golden Eagle Ins. Co. v. Ins. of the West, 2002 Cal. Daily Op. Serv. 5855 (Cal. Ct. App. 2002). · cites it 2× “) In California, the plain and ordinary meaning of the term “damages,” as used in CGL policies, is monetary compensation recovered by a party for “detriment,” “loss” or “injury” it has suffered through the acts of another.”
Doe v. Roman Catholic Archbishop etc., 247 Cal. App. 4th 953 (Cal. Ct. App. 2016). “5 (Civ. Code, §§ 3281 [“[e]very person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages”], 3333 [“[f]or the breach of an obligation not arising from contract, the…”
Flethez v. San Bernardino Co. Employees Ret. Assn., 389 P.3d 1232 (Cal. 2017). “" (Civ. Code, § 3281.) Under specified conditions, an award of damages may include an award of prejudgment interest pursuant to section 3287(a).”
Collins v. City of Los Angeles, 205 Cal. App. 4th 140 (Cal. Ct. App. 2012). “Civil Code section 3281 states, “Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.”
Rodgers v. Workers' Comp. Appeals Bd., 682 P.2d 1068 (Cal. 1984). · cites it 4× “In contrast, compensation benefits, as the Court of Appeal noted in its opinion in this case, "are not intended to make whole, persons who have suffered `detriment from the unlawful acts or omission of another.”
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