Learn when and how to recover interest in California lawsuits. The business Lawyers of Brown & Charbonneau, LLP explain this area of California law. http://bc-llp.com For more information, call (714) 505-3000 or toll free at (866) 237-8129. Or, email us at preno@bc-llp. Also, visit us on Google Plus: https://plus.google.com/+BrownCharbonneauLLPIrvine/about

1. S
How Do I Recover
Interest as Part of My
Lawsuit?
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2. Interest
The legal rate of interest is either
7% or 10% depending upon type of
case. With court backlogs,
cases are taking longer.
Interest really adds up!

3. In General
ü Depending on case, you may be entitled
to pre and post judgment interest
ü To recover interest, you must request it
your prayer for relief in your complaint
ü Generally applies to contract and tort
claims

4. Can I recover
interest?
• Recovery depends on type
claim, applicable statutes,
and the court’s discretion
• You must be the prevailing party to
recover any interest
Ø Prevailing party is the winner
Ø No prevailing party if you settle

5. Breach of Contract
Claims
Is “claim liquidated” (damages ascertainable)?
• Yes: can recover interest from the date of breach
• No: can recover interest from the date action filed
Does contract provide a rate of interest*?
• Yes: court will apply this rate to your claim
• No: legal rate is 10% per annum
* Must not be a legal rate and not usurious

6. Tort Claims
(negligence and intentional
wrongful conduct)
ü Interest is usually imposed from
date of injury/wrongdoing
ü For property damage, interest is
imposed as a matter of law
ü For other non-contract claims,
interest is discretionary
ü Interest is 7% per annum

7. Statutory Claims
Certain statutes
specifically provide for the
plaintiff’s recovery of
interest from a defendant
who has violated the
statute.

8. Contact us today for
immediate help
www.bc-llp.com 888.809.1235
Paula Reno at preno@bc-llp.com
Gina Michel at gmichel@bc-llp.com

9. If you found this video
helpful, let us know and
LIKE it!