Lewis C. Nelson & Sons, Inc. v. Clovis Unified Sch. Dist.

Certified for Partial Publication. [*]

In the published portion of this opinion we hold that Civil Code section 3287, subdivision (b), applies to public entities.

We will address a number of issues which raise independent challenges to the judgment and which will not disappear on remand.

The trial court awarded respondent Lewis C. Nelson & Sons, Inc. (Nelson) prejudgment interest on the jury verdict in its favor from the date Nelson's complaint against appellant Clovis Unified School District (District) was filed. The District contends that, because Nelson's damages were unliquidated, this award violates the spirit of Government Code section 900, et seq. (added by Stats.1963, ch. 1715, § 1, p. 3372) ("Claims Act") and was not authorized by law. Nelson counters that subdivision (b) of Civil Code section 3287 provides for prejudgment interest on unliquidated claims and the award was necessary to make Nelson whole. The District replies that subsection (b) of Civil Code section 3287 does not apply to public entities.

When enacted in 1872, Civil Code section 3287 read:

In 1955, after a series of cases had held that prejudgment interest was not recoverable against…