6 California opinions name it 2 courts 1948–2020 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Persson v. Smart Inventions, Inc.green2 sentences2020Code, § 3333 [defining damages “[f]or the breach of an obligation not arising from contract” as “the amount which will compensate for all the detriment proximately caused thereby . . .”]; Fragale v. Faulkner (2003) 110 Cal.App.4th 229, 236 [applying this measure of damages to tort of fraud not involving real property]; Benson v. Southern California Auto Sales, Inc. (2015) 239 Cal.App.4th 1198, 1208 [applying this measure of damages to tort of misrepresentation]; Michelson v. Hamada (1994) 29 Cal.App.4th 1566, 1583 [applying this measure of damages to tort of breach of fiduciary duty]; Persson 2020Code, § 3333 [defining damages “[f]or the breach of an obligation not arising from contract” as “the amount which will compensate for all the detriment proximately caused thereby . . .”]; Fragale v. Faulkner (2003) 110 Cal.App.4th 229, 236 [applying this measure of damages to tort of fraud not involving real property]; Benson v. Southern California Auto Sales, Inc. (2015) 239 Cal.App.4th 1198, 1208 [applying this measure of damages to tort of misrepresentation]; Michelson v. Hamada (1994) 29 Cal.App.4th 1566, 1583 [applying this measure of damages to tort of breach of fiduciary duty]; Persson | 2 | 2 |
Michelson v. Hamadagreen2 sentences2020Code, § 3333 [defining damages “[f]or the breach of an obligation not arising from contract” as “the amount which will compensate for all the detriment proximately caused thereby . . .”]; Fragale v. Faulkner (2003) 110 Cal.App.4th 229, 236 [applying this measure of damages to tort of fraud not involving real property]; Benson v. Southern California Auto Sales, Inc. (2015) 239 Cal.App.4th 1198, 1208 [applying this measure of damages to tort of misrepresentation]; Michelson v. Hamada (1994) 29 Cal.App.4th 1566, 1583 [applying this measure of damages to tort of breach of fiduciary duty]; Persson 2020Code, § 3333 [defining damages “[f]or the breach of an obligation not arising from contract” as “the amount which will compensate for all the detriment proximately caused thereby . . .”]; Fragale v. Faulkner (2003) 110 Cal.App.4th 229, 236 [applying this measure of damages to tort of fraud not involving real property]; Benson v. Southern California Auto Sales, Inc. (2015) 239 Cal.App.4th 1198, 1208 [applying this measure of damages to tort of misrepresentation]; Michelson v. Hamada (1994) 29 Cal.App.4th 1566, 1583 [applying this measure of damages to tort of breach of fiduciary duty]; Persson | 2 | 2 |
Fragale v. Faulknergreen2 sentences2020Code, § 3333 [defining damages “[f]or the breach of an obligation not arising from contract” as “the amount which will compensate for all the detriment proximately caused thereby . . .”]; Fragale v. Faulkner (2003) 110 Cal.App.4th 229, 236 [applying this measure of damages to tort of fraud not involving real property]; Benson v. Southern California Auto Sales, Inc. (2015) 239 Cal.App.4th 1198, 1208 [applying this measure of damages to tort of misrepresentation]; Michelson v. Hamada (1994) 29 Cal.App.4th 1566, 1583 [applying this measure of damages to tort of breach of fiduciary duty]; Persson 2020Code, § 3333 [defining damages “[f]or the breach of an obligation not arising from contract” as “the amount which will compensate for all the detriment proximately caused thereby . . .”]; Fragale v. Faulkner (2003) 110 Cal.App.4th 229, 236 [applying this measure of damages to tort of fraud not involving real property]; Benson v. Southern California Auto Sales, Inc. (2015) 239 Cal.App.4th 1198, 1208 [applying this measure of damages to tort of misrepresentation]; Michelson v. Hamada (1994) 29 Cal.App.4th 1566, 1583 [applying this measure of damages to tort of breach of fiduciary duty]; Persson | 2 | 2 |
Benson v. Southern California Auto Sales, Inc.green2 sentences2020Code, § 3333 [defining damages “[f]or the breach of an obligation not arising from contract” as “the amount which will compensate for all the detriment proximately caused thereby . . .”]; Fragale v. Faulkner (2003) 110 Cal.App.4th 229, 236 [applying this measure of damages to tort of fraud not involving real property]; Benson v. Southern California Auto Sales, Inc. (2015) 239 Cal.App.4th 1198, 1208 [applying this measure of damages to tort of misrepresentation]; Michelson v. Hamada (1994) 29 Cal.App.4th 1566, 1583 [applying this measure of damages to tort of breach of fiduciary duty]; Persson 2020Code, § 3333 [defining damages “[f]or the breach of an obligation not arising from contract” as “the amount which will compensate for all the detriment proximately caused thereby . . .”]; Fragale v. Faulkner (2003) 110 Cal.App.4th 229, 236 [applying this measure of damages to tort of fraud not involving real property]; Benson v. Southern California Auto Sales, Inc. (2015) 239 Cal.App.4th 1198, 1208 [applying this measure of damages to tort of misrepresentation]; Michelson v. Hamada (1994) 29 Cal.App.4th 1566, 1583 [applying this measure of damages to tort of breach of fiduciary duty]; Persson | 2 | 2 |
Saunders v. Taylorgreen2 sentences2003Diet. (1964) p. 22.) It follows that `actual damages' are those which compensate someone for the harm from which he or she has been proven to currently suffer or from which the evidence shows he or she is certain to suffer in the future." ( Saunders v. Taylor (1996) 42 Cal.App.4th 1538, 1543 , 50 Cal.Rptr.2d 395 .) Where fraud is alleged to have caused damage in connection with the purchase, sale, or exchange of property, California applies the out-of-pocket loss rule. 2003Diet. (1964) p. 22.) It follows that `actual damages' are those which compensate someone for the harm from which he or she has been proven to currently suffer or from which the evidence shows he or she is certain to suffer in the future." ( Saunders v. Taylor (1996) 42 Cal.App.4th 1538, 1543 , 50 Cal.Rptr.2d 395 .) Where fraud is alleged to have caused damage in connection with the purchase, sale, or exchange of property, California applies the out-of-pocket loss rule. | 1 | 1 |
Feckenscher v. Gamblegreen2 sentences1953It is likewise apparent that plaintiffs should be permitted to amend their complaint so as to plead the specific remedy and request damages under the out-of-pocket loss rule of section 3343 of the Civil Code, as construed by this court in Feckenscher v. Gamble (1938), 12 Cal.2d 482, 500 [ 85 P.2d 885 ], and Bagdasarian v. Gragnon (1948), supra, 31 *136 Cal.2d 744, 760-763. 1953It is likewise apparent that plaintiffs should be permitted to amend their complaint so as to plead the specific remedy and request damages under the out-of-pocket loss rule of section 3343 of the Civil Code, as construed by this court in Feckenscher v. Gamble (1938), 12 Cal.2d 482, 500 [ 85 P.2d 885 ], and Bagdasarian v. Gragnon (1948), supra, 31 *136 Cal.2d 744, 760-763. | 1 | 1 |
Rothstein v. Janss Investment Corp.green2 sentences1948In Rothstein v. Janss Investment Corp., 45 Cal.App.2d 64, 73 [ 113 P.2d 465 ], it was said: "Since the cause must be remanded for a trial of the issues, it may be well to call attention to the present rule as to damages in such cases as embodied in the provisions of section 3343 of the Civil Code, added by Statutes of 1935. ... 1948In Rothstein v. Janss Investment Corp., 45 Cal.App.2d 64, 73 [ 113 P.2d 465 ], it was said: "Since the cause must be remanded for a trial of the issues, it may be well to call attention to the present rule as to damages in such cases as embodied in the provisions of section 3343 of the Civil Code, added by Statutes of 1935. ... | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bagdasarian v. Gragnon
green
2 sentences1959(Bagdasarian v. Gragnon, 31 Cal.2d 744 , 759 et seq. [ 192 P.2d 935 ].) In arriving at the figure of $170,000 as the difference between what plaintiff parted with and what he received, the trial court assessed damages solely on the basis of the circumstances existing at the time the contract was made (receipt by plaintiff of title to a ranch worth $530,000 and his payment of $700,000, consisting of $100,000 in cash and $600,000 in the *184 form of his notes). 1959(Bagdasarian v. Gragnon, 31 Cal.2d 744 , 759 et seq. [ 192 P.2d 935 ].) In arriving at the figure of $170,000 as the difference between what plaintiff parted with and what he received, the trial court assessed damages solely on the basis of the circumstances existing at the time the contract was made (receipt by plaintiff of title to a ranch worth $530,000 and his payment of $700,000, consisting of $100,000 in cash and $600,000 in the *184 form of his notes). | 1 | 1959–1959 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.