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Cal. Civ. Code § 3289

Interest as Damages

Applied in 57 court decisions — leading case Continental Airlines, Inc. v. McDonnell Douglas Corp. (1989)

Most recently applied in Bentley v. United of Omaha Life Ins. Co. (February 2019)

Amended by Stats. 1986, Ch. 176, Sec. 1

How often courts cite this section

1987199020002010201960
citing decisions per year

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.

(a) Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation.

(b) If a contract entered into after January 1, 1986, does not stipulate a legal rate of interest, the obligation shall bear interest at a rate of 10 percent per annum after a breach.

For the purposes of this subdivision, the term contract shall not include a note secured by a deed of trust on real property.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.