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CHESAPEAKE INDUSTRIES, INC. v. TOGOVA ENTERPRISES

Docket No. 68458.

149 Cal.App.3d 901 (1983)

197 Cal. Rptr. 348

CHESAPEAKE INDUSTRIES, INC., Plaintiff, Cross-defendant and Appellant, v. TOGOVA ENTERPRISES, INC., Defendant, Cross-complainant and Respondent.

Court of Appeals of California, Second District, Division Seven.

December 14, 1983.

Attorney(s) appearing for the Case

COUNSEL

James R. Tweedy and Richard G. Howard for Plaintiff, Cross-defendant and Appellant.

Grayson, Gross, Friedman & Phillips and Marvin Gross for Defendant, Cross-complainant and Respondent.

OPINION

JOHNSON, J. —

INTRODUCTION

This appeal arises from an action for an accounting under a lease agreement in which the lessor was awarded prejudgment interest under Civil Code section 3287.1 We conclude the amount of damages owed was not sufficiently certain or calculable and thus prejudgment interest was not appropriate.

I...

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