California Codes

Cal. Commercial Code § 2715 (2026)

✓ current as of May 2026
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(1)Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2)Consequential damages resulting from the seller’s breach include

(a)Any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b)Injury to person or property proximately resulting from any breach of warranty.

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 1971–2025 · leading case: Traxler v. PPG Indus., Inc., 158 F. Supp. 3d 607 (N.D. Ohio 2016).
Traxler v. PPG Indus., Inc., 158 F. Supp. 3d 607 (N.D. Ohio 2016). “Cal Com. Code § 2715; Mass. Gen. Laws ch.”
Gerwin v. Se. California Ass'n of Seventh Day Adventists, 8 U.C.C. Rep. Serv. (West) 643 (Cal. Ct. App. 1971). · cites it 2× “” (Com. Code, § 2715). Although plaintiff failed to “cover,” failure to do so did not bar him from the right to recover damages for the difference between market price and the contract price under section 2713 of the Commercial Code.”
Gusse v. Damon Corp., 470 F. Supp. 2d 1110 (C.D. Cal. 2007). “”); Cal. Com.Code § 2715 (buyer’s incidental and consequential damages); see also Cal.”
Diamondstar Ent. Holdings, LLC v. THH LLC (C.D. Cal. 2022). · cites it 3× “16 Cal. Com. Code § 2715 . 17 Where the buyer accepts the goods—rather than rejecting them or revoking 18 acceptance—”the measure of damages for breach of warranty ‘is the difference .”
Kirzhner v. Mercedes-Benz USA, LLC (Cal. 2020). “The parties do not dispute that Kirzhner’s registration renewal and nonoperation fees were “reasonably incurred.” (Cal. U. Com. Code, § 2715, subd.”
Deitsch Plastic Co. Inc. v. Gredale LLC (C.D. Cal. 2022). “§ 20 2714(3) (allowing, in a proper case, for incidental and consequential damages under 21 California Commercial Code section 2715).”
Separ Plastik San. Ve Tic. Ltd. Sti v. Edris Plastics MFG., Inc. (C.D. Cal. 2025). “Cal. Comm. Code § 2715 . Although this 13 section facially applies to “goods rightfully rejected,” section 2714 states that incidental 14 and consequential damages under 2715 may also be recovered for accepted goods.”
Anaya v. Kia Motors Am. CA2/3 (Cal. Ct. App. 2025). “Com. Code, § 2715.) In granting a directed verdict for KMA, the trial court seemed to believe a consumer is not entitled to damages under the second and third categories—those found in section 1794(b)(1) and (b)(2)—unless he is entitled to the “rights of replacement or…”
Maneri v. Fca Us LLC (Cal. Ct. App. 2025). “Com. Code, § 2715, subd. (1); Kirzhner, supra, 9 Cal.”
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