(a)A 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 the person upon a particular day, is entitled also to recover interest thereon from that day, except when 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 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.
(c)Unless another statute provides a different interest rate, in a tax or fee claim against a public entity that results in a judgment against the public entity, interest shall accrue at a rate equal to the weekly average one year constant maturity United States Treasury yield, but shall not exceed 7 percent per annum. That rate shall control until the judgment becomes enforceable under
Section 965.5 or 970.1 of the Government Code, at which time interest shall accrue at an annual rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2 percent, but shall not exceed 7 percent per annum.
Notes of Decisions
Cited in
442
cases (
130 in the last 5 years), 1935–2026 · leading case:
Olson v. Cory, 673 P.2d 720 (Cal. 1983).
Olson v. Cory, 673 P.2d 720 (Cal. 1983).
· cites it 8× “) (10a) Defendants contend that plaintiffs' salary and pension claims were not "damages certain, or capable of being made certain by calculation" (Civ. Code, § 3287, subd. (a)). They argue that until Olson v.”
Currie v. Workers' Comp. Appeals Bd., 17 P.3d 749 (Cal. 2001).
· cites it 12× “In making an award of backpay under Labor Code section 132a [1] to an employee wrongfully denied reinstatement because of an industrial injury, may the Workers' Compensation Appeals Board (WCAB) include prejudgment interest on the lost wages so awarded? Harmonizing the Civil…”
Wisper Corp. v. California Com. Bank, 96 Cal. Daily Op. Serv. 7264 (Cal. Ct. App. 1996).
· cites it 12× “" The damages under the facts of this case were not "certain" or "capable of being made certain by calculation," and we conclude Wisper is not entitled to prejudgment interest.”
Jadwin v. Cnty. of Kern, 767 F. Supp. 2d 1069 (E.D. Cal. 2011).
· cites it 6× “] Plaintiffs reliance on Currie and California Civil Code § 3287(a) is nevertheless problematic because, even assuming any backpay awarded in this case is linked to a FEHA/CFRA violation, the jury awarded backpay in one lump sum—$321,285—without specifying which particular…”
Copart, Inc. v. Sparta Consulting, Inc., 339 F. Supp. 3d 959 (E.D. Cal. 2018).
· cites it 5× “California Civil Code section 3287"should be broadly interpreted to provide just compensation to the injured party for loss of use of money during the prejudgment period.”
Tripp v. Swoap, 552 P.2d 749 (Cal. 1976).
· cites it 6× “(3b) Civil Code section 3287, subdivision (a), (see fn.”
Schwartz v. Liberty Mut. Ins., 539 F.3d 135 (2d Cir. 2008).
· cites it 3× “Cal. Civ.Code § 3287(a). California appellate courts review de novo a trial court’s award of prejudgment interest under § 3287(a).”
United States Fid. & Guar. Co. v. Lee Inv. LLC, 641 F.3d 1126 (9th Cir. 2011).
· cites it 3× “See Cal. Civ.Code § 3287. C The district court did not err in certifying its judgment pursuant to Federal Rules of Civil Procedure Rule 54(b).”
Espejo v. Copley Press, Inc., 82 Cal. Comp. Cases 852 (Cal. Ct. App. 5th 2017).
· cites it 2× “*375 Courts ordinarily award prejudgment interest under Civil Code section 3287, subdivision (a), which provides: "A 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 the person upon a…”
Bullock v. Philip Morris USA, Inc., 198 Cal. App. 4th 543 (Cal. Ct. App. 2011).
· cites it 3× “The Award of Prejudgment Interest Was Proper Civil Code section 3287, subdivision (a) states, “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…”
Lafferty v. Wells Fargo Bank, N.A., 235 Cal. Rptr. 3d 842 (Cal. Ct. App. 5th 2018).
· cites it 3× “Civil Code section 3287, subdivision (a), provides: "A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to *416 recover which is vested in the person upon a particular day, is entitled also to recover interest…”
— Cal. Civil Code § 3287(a) — 59 cases
Jadwin v. Cnty. of Kern, 767 F. Supp. 2d 1069 (E.D. Cal. 2011).
“] Plaintiffs reliance on Currie and California Civil Code § 3287(a) is nevertheless problematic because, even assuming any backpay awarded in this case is linked to a FEHA/CFRA violation, the jury awarded backpay in one lump sum—$321,285—without specifying which particular…”
Schwartz v. Liberty Mut. Ins., 539 F.3d 135 (2d Cir. 2008).
“Cal. Civ.Code § 3287(a). California appellate courts review de novo a trial court’s award of prejudgment interest under § 3287(a).”
— Cal. Civil Code § 3287(b) — 20 cases
Copart, Inc. v. Sparta Consulting, Inc., 339 F. Supp. 3d 959 (E.D. Cal. 2018).
“California Civil Code section 3287"should be broadly interpreted to provide just compensation to the injured party for loss of use of money during the prejudgment period.”
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