§6.10 Interest

You must award interest to every person [CC §3287(a); see CCP §116.820(c)]:

• Who is entitled to recover damages certain or damages capable of being made certain; and
• Whose right to recover is vested on a particular day.

Interest must be awarded from the day it is vested, except during any period of time in which the debtor is prevented by law or by the act of the creditor from paying the debt. [CC §3287(a).]

You may also award interest to anyone who is entitled to receive contract damages for an unliquidated claim. In your discretion, you may fix a date before the entry of judgment for interest to begin, but not earlier than the date the action was filed. [CC §3287(b).]

Interest may also be awarded in an action for the breach of an obligation not arising from contract and in cases of oppression, fraud, or malice. [CC §3288; see Nathanson v Murphy (1955) 132 CA2d 363, 373.]

REFERENCE >> Interest claims in certain consumer actions are discussed in California Judges Benchbook: Small Claims Court and Consumer Law ch 6 (Cal CJER 2007).