In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury.
Cal. Civ. Code § 3288
Interest as Damages
Applied in 49 court decisions — leading case 25 Cal. 3d 813 - Lugosi v. Universal Pictures (1979)
Most recently applied in Santa Clarita Valley Water Agency v. Whittaker Corporation (April 2024)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.