Cal. Civil Code § 3333
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For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Notes of Decisions
Cited in 275
cases (38 in the last 5 years), 1881–2026 · leading case: Potter v. Firestone Tire & Rubber Co.
Potter v. Firestone Tire & Rubber Co. (1993)
“In Miranda, the court observed that "[t]he cost of anticipated medical care reasonably certain to be required in the future has long been held to be a proper item of recoverable damages under [Civil Code section 3333]. [24] ( Buswell v.”
Ferguson v. Lieff, Cabraser, Heimann & Bernstein, LLP (2003)
“) "For the breach of an obligation not arising from contract, the measure of damages ... is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.”
Foley v. Interactive Data Corp. (1988)
“(Civ. Code, §§ 3333, 3294.) [38] Adoption of tests such as those formulated by the Court of Appeal would result in the anomalous result that henceforth the implied covenant in an employment contract would enjoy protection far greater than that afforded to express and…”
Ash v. North American Title Co. (2014)
“’ (Civ. Code, § 3333.)” (Applied Equipment Corp.”
Lazar v. Superior Court (1996)
“) Lazar, therefore, may proceed with his claim for fraud in the inducement of employment contract, properly seeking damages for "all the detriment proximately caused thereby" (Civ. Code, § 3333), as well as appropriate exemplary damages (Civ.”
Katzberg v. Regents of University of California (2002)
“) The latter statute provides, "for the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could be…”
Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994)
“" (Civ. Code, § 3333.) (7) Consistent with the distinctions just discussed, damages for mental suffering and emotional distress are generally not compensable in contract actions.”
Fassberg Construction Co. v. Housing Authority (2007)
“(Civ. Code, §§ 3333, 3282.) 22 The Housing Authority received what it paid for and accepted under the terms of the contract: a completed work of construction.”
Egan v. Mutual of Omaha Insurance (1979)
“Thus, in applying to these facts the general rule for fixing tort damages (Civ. Code, § 3333), the jury may include in the compensatory damage award future policy benefits that they reasonably conclude, after examination of the policy's provisions and other evidence, the policy…”
Marron v. Superior Court (2003)
“(Civ. Code, § 3333; Capelouto v. Kaiser Foundation Hospitals (1972) 7 Cal.”
Cortez v. Purolator Air Filtration Products Co. (2000)
“" Thus, while the award of damages may be greater than the sum fraudulently acquired from the plaintiff, the award includes an element of restitution the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received. To that extent…”
Olsen v. Reid (2008)
“(f)), while at the same time recognizing that the measure of damages "is the amount which will compensate for all the detriment proximately caused" (Civ. Code, § 3333). Disastrous anticonsumer consequences could result if a court were to issue an *213 opinion contrary to the…”
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