California Appellate Tracker

Elation Sys. v. Fenn Bridge Llc, Nos. A159749, A160823, 2021 Cal. App. LEXIS 975 (Ct. App. Nov. 22, 2021)

November 22, 2021

Under Civ. Code 3360 and applicable California decisions, a plaintiff who proves that defendant breached a contract is entitled to an award of nominal damages even if the plaintiff is unable to prove actual damages caused by the breach. (Sweet v. Johnson (1959) 169 Cal.App.2d 630, 632.) Two 9th Circuit opinions stating that breach of contract claims are not actionable under California law without a showing of appreciable and actual damage are wrong, misinterpreting California law. (Ruiz v. Gap, Inc. (9th Cir. 2010) 380 Fed.Appx. 689, 692; Aguilera v. Pirelli Armstrong Tire Corp. (9th Cir. 2000) 223 F.3d 1010.)

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California Appellate Tracker

Elation Sys. v. Fenn Bridge Llc, Nos. A159749, A160823, 2021 Cal. App. LEXIS 975 (Ct. App. Nov. 22, 2021)

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