Stein v. Southern California Edison Co.
California Court of Appeal
7 Cal. App. 4th 565, 8 Cal. Rptr. 2d 907 (1992)
- Written by Mary Phelan D'Isa, JD
Facts
Richard and Ellen Stein and California Fair Plan Association (the Steins) (plaintiffs) were awarded damages and prejudgment interest after a jury verdict in their tort action against Southern California Edison Company (Edison) (defendant) in which they alleged that their house was heavily damaged in a fire caused by an electrical fault from outside the house. The trial court awarded prejudgment interest from the date of notice of the claimed damages to Edison under California Civil Code § 3287, which allows prejudgment interest from the date that damages were certain or capable of being made certain by calculation. Edison appealed, and the Steins cross-appealed and argued for the first time that they were entitled to prejudgment interest from the date of loss under § 3288, which allows interest from the date of tort loss regardless of whether the tort damages are certain or uncertain.
Rule of Law
Issue
Holding and Reasoning (Stone, J.)
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