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

Cal. Civil Code § 3288 (2026)

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 68 cases (17 in the last 5 years), 1946–2026 · leading case: Hess v. Ford Motor Co., 41 P.3d 46 (Cal. 2002).
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Hess v. Ford Motor Co., 41 P.3d 46 (Cal. 2002). · cites it 4× “443 [Civ. Code, § 3288]; First American Title Ins.”
Slatkin v. Neilson, 525 F.3d 805 (9th Cir. 2008). “” Cal. Civ.Code § 3288 (emphasis added). The Johnsons argue that only a jury can award prejudgment interest under § 3288, and that the bankruptcy court did not have the authority to award prejudgment interest.”
Big Bear Props., Inc. v. Gherman, 95 Cal. App. 3d 908 (Cal. Ct. App. 1979). · cites it 3× “On December 4, 1973, judgment in the prior action was entered in favor of the plaintiffs therein (defendants in the present action) for $1,256,845 with prejudgment interest thereon (Civ. Code, § 3288) in the sum of $395,906.”
Patrick v. Alacer Corp., 201 Cal. App. 4th 1326 (Cal. Ct. App. 2011). · cites it 2× “” (Civ. Code, § 3288.) “[T]he trial court, when acting as the trier of fact, may award prejudgment interest under this section” (Bullis, at p.”
Santa Clarita Valley Water Agency v. Whittaker Corp., 99 F.4th 458 (9th Cir. 2024). · cites it 2× “We find that the district court did not abuse its discretion by limiting SCVWA’s entitlement to prejudgment interest on only the costs that it was unable to recoup. Accordingly, we affirm.”
Bullis v. Sec. Pac. Nat'l Bank, 582 P.2d 109 (Cal. 1978). “” Civil Code section 3288 provides; “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.”
Marriage of Brandes CA4/1, 239 Cal. App. 4th 1461 (Cal. Ct. App. 2015). “14 Civil Code section 3288 provides: “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.”
Arntz Contracting Co. v. St. Paul Fire & Marine Ins., 96 Cal. Daily Op. Serv. 5301 (Cal. Ct. App. 1996). “VIII. Prejudgment Interest Arntz was awarded about $5.”
United States Ex Rel. Torres-Martinez Band of Mission Indians & the Allottees v. Imperial Irrigation Dist., 799 F. Supp. 1052 (S.D. Cal. 1992). · cites it 2× “Because the damages in this case are disputed, California Civil Code § 3288 applies. This section provides that interest may be given in an action “for the breach of an obligation not arising from contact .”
Smith v. Young (In Re Young), 208 B.R. 189 (Bankr. S.D. Cal. 1997). · cites it 3× “With this in mind, the Court holds that in California, a trier of fact may, in its discretion, award as damages prejudgment interest in “an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice.”
Gerard v. Ross, 204 Cal. App. 3d 968 (Cal. Ct. App. 1988). “Civil Code section 3288 provides: “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.”
Superior Gunite v. Ralph Mitzel Inc., 2004 Cal. Daily Op. Serv. 2759 (Cal. Ct. App. 2004). · cites it 2× “) Because the $406,163 award to Superior can only be premised on negligence, not contract, Superior is not entitled to interest on this amount based on a breach of contract theory.”
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