California Codes
Cal. Civil Code § 3358 (2026)
General Provisions — Measure of Damages [[3300.] - 3361.]
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Except as expressly provided by statute, no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides.
Notes of Decisions
Cited in 34
cases (8 in the last 5 years), 1945–2026 · leading case: Kashmiri v. Regents of the Univ. of California, 156 Cal. App. 4th 809 (Cal. Ct. App. 2007).
Kashmiri v. Regents of the Univ. of California, 156 Cal. App. 4th 809 (Cal. Ct. App. 2007). “” (Civ. Code, § 3358.) The burden of establishing mitigation rests with the defendant.”
Brandon & Tibbs v. George Kevorkian Acct. Corp., 226 Cal. App. 3d 442 (Cal. Ct. App. 1990). “Civil Code section 3358 provides: *468 “Except as expressly provided by statute, no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides.”
Lewis Jorge Constr. Mgmt., Inc. v. Pomona Unified Sch. Dist., 102 P.3d 257 (Cal. 2004). “(Civ. Code, § 3358.) This limitation of damages for breach of a contract “serves to encourage contractual relations and commercial activity by enabling parties to estimate in advance the financial risks of their enterprise.”
Scheenstra v. California Dairies, Inc., 213 Cal. App. 4th 370 (Cal. Ct. App. 2013). “Application of Damage Principles to This Case Scheenstra’s theory for additional contract damages is grounded on the assertions that (1) if Cal Dairies had not breached the contract he would have been given a base allocation of at least 320,000 pounds per day and (2) even if…”
Archdale v. Am. Int'l Specialty Lines Ins., 154 Cal. App. 4th 449 (Cal. Ct. App. 2007). “) 21 Civil Code section 3358 provides: “Except as expressly provided by statute, no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides.”
DePalma v. Westland Software House, 225 Cal. App. 3d 1534 (Cal. Ct. App. 1990). “2 Civil Code section 3358 limits the award to no more than the “full performance” of the contract.”
GHK Assocs. v. Mayer Grp., Inc., 224 Cal. App. 3d 856 (Cal. Ct. App. 1990). “” Civil Code section 3358 reads as follows: “Except as expressly provided by statute, no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides.”
Gherman v. Colburn, 72 Cal. App. 3d 544 (Cal. Ct. App. 1977). “Consequently, Civil Code section 3358 was not intended to exclude interest awardable under Civil Code section 3288.”
Martin v. U-Haul Co. of Fresno, 204 Cal. App. 3d 396 (Cal. Ct. App. 1988). “Civil Code section 3358 provides in pertinent part, “no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides.”
Steelduct Co. v. Henger-Seltzer Co., 160 P.2d 804 (Cal. 1945). “The measure of damages for defendants’ breach of contract is the amount which will compensate plaintiff “for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.”
White v. Uniroyal, Inc., 155 Cal. App. 3d 1 (Cal. Ct. App. 1984). “, Civ. Code, § 3358; 1 Witkin, Summary, op.”
Royer v. Carter, 233 P.2d 539 (Cal. 1951). “(Civ. Code, § 3358.) Thus, plaintiff would have paid the expenses from the proceeds of the sale had the contract been performed.”
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