Ruling by
Stuart R. PollakLower Court
Alameda County Superior CourtLower Court Judge
Sandra K. BeanUnder Penal Code Section 3287, prejudgment interest is appropriate where damages are certain or capable of being made certain by calculation if the defendant actually knows the damage amount.
Court
California Courts of Appeal 1DCA/4Cite as
2019 DJDAR 9651Published
Oct. 9, 2019Filing Date
Oct. 7, 2019Opinion Type
ModificationDisposition Type
Reversed and RemandedJASWINDER CHEEMA,
Plaintiff and Appellant,
v.
L.S. TRUCKING, INC.,
Defendant and Appellant.
No's. A150234, A151044
(Alameda County
Super. Ct. No. HG12611230)
California Courts of Appeal
First Appellate District
Division Four
Filed October 7, 2019
Trial judge: Honorable Sandra K. Bean
Counsel for plaintiff and appellant: Jewell J. Hargleroad
Counsel for defendant and appellant: Paul Kleven
THE COURT:
It is ordered that the opinion filed herein on September 17, 2019, be modified as follows:
On page 8, line 3, the sentence beginning "While LS Trucking contends" is deleted and the following sentence is inserted in its place:
"While LS Trucking contends it was agreed that it would pay for the box "plus interest" within three years with monthly $1,000 installments, it does not contend that anything was said about when installments would commence, what rate of interest would be paid or, most importantly, when ownership would be deemed to pass to LS Trucking."
There is no change in the judgment.
The petitions for rehearing are denied.
Date:____________________
_____________________________ P. J.
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