California Litigation Blog

California Litigation News & Practice Tips

Category Archives: Remedies

Subscribe to Remedies RSS Feed

Interest Provisions Are Enforceable

Posted in Contracts, Remedies
The California Supreme Court has definitively upheld contractual obligations for payment of interest charges on late payments. Southwest Concrete Products v. Gosh Construction Corp., 51 Cal.3d 701 (1990), involved a dispute between a contractor and its pipe supplier. The supplier sued the contractor when it failed to pay after alleging the pipe was of poor… Continue Reading

Lost Profits May Not Be Lost

Posted in Remedies
Lost profits are net gains made from sales, after deducting expenses. They are recoverable in California if there is sufficient evidence to show with reasonable certainty that, but for the defendant’s conduct, the plaintiff would have earned such profits. However, the plaintiff does not have to prove the exact amount of its lost profits. For… Continue Reading