Lewis C. Nelson & Sons, Inc. v. Clovis Unified School District

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

Summary of the Facts and Proceedings Below *

*67 Discussion

I. Compliance with Claims Act *

II. Other Issues

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

A. Timeliness of Claim*

B. Prejudgment Interest

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 unliqui-dated, 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 subdivision (b) of Civil Code section 3287 does not apply to public entities.

1. Civil Code Section 3287

When…