Except as expressly provided by statute, no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides.
Cal. Civ. Code § 3358
General Provisions
Applied in 11 court decisions — leading case 34 Cal. 4th 960 - Lewis Jorge Construction Management, Inc. v. Pomona Unified School District (2004)
Most recently applied in Scheenstra v. California Dairies, Inc. (January 2013)
Amended by Stats. 1977, Ch. 198.
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.