§ StatuteRates

California prejudgment interest rate

United States  California prejudgment interest depends on certainty, claim type, and the governing obligation.

Current rate
7% / 10% per year — statutory prejudgment reference (source checked July 9, 2026)
Fixed by statute

2026 California prejudgment interest at a glance

Current rate
7% / 10% per year
Effective date
July 9, 2026
Controlling authority
Cal. Const. art. XV §1 (7% tort/general); Cal. Civ. Code §3289(b) (10% contract)
Rate basis
Fixed by statute
Source checked
July 9, 2026
Recorded history
1 data point

California prejudgment interest is not one universal tort-versus-contract rate. Civil Code §3287 addresses certainty, vesting, and discretionary contract awards; §3288 permits a discretionary award in specified noncontract cases; and §3289(b) supplies 10% after breach for a contract with no stipulated legal rate. The constitutional 7% legal rate can be relevant to another qualifying branch, but eligibility and calculation must be established first.

When California prejudgment interest applies

Prejudgment interest is NOT automatic on all claims. MANDATORY (as of right) only where damages are "certain, or capable of being made certain by calculation" and the right vested on a particular day — i.e., liquidated/readily ascertainable claims (Civ. Code sec. 3287(a)). UNLIQUIDATED tort claims: interest is BARRED as of right; it is DISCRETIONARY with the jury, and only in actions for breach of a non-contract obligation or cases of oppression, fraud, or malice (Civ. Code sec. 3288).

When it starts accruing

For mandatory liquidated claims under Civil Code §3287(a), interest starts on the day the right to recover vested and the damages were certain or calculable. For a qualifying contract with no stipulated legal rate, §3289(b) applies 10% after breach. For an unliquidated contract claim, §3287(b) lets the court choose a date before judgment, but never earlier than the filing date.

Simple or compound

The cited provisions do not establish one universal compounding rule for every contract, tort, discretionary, and constitutional-rate branch. Confirm the governing obligation and award.

How the rate is set

Section 3289(b) supplies 10% after breach for a qualifying contract with no stipulated legal rate. Do not treat the constitutional 7% reference as an automatic rate for every tort or other noncontract claim.

California has a DUAL prejudgment rate, both simple: 7% for tort and other non-contract claims (including personal injury) — the constitutional default legal rate (Cal. Const. art. XV §1; discretionary tort interest under Civ. Code §3288 also runs at this 7%); and 10% for breach of a contract that stipulates no rate (Civ. Code §3289(b)). Entitlement to interest on liquidated/certain damages is Civ. Code §3287. Verified against the statutes 2026-07-11. Not legal advice.

Current recorded observation

One current observation is on record; this page does not claim complete historical coverage. All recorded observations are in the JSON API.
Effective dateRateBasis
July 9, 2026 7% / 10% Statute

Source & provenance

Observation recorded July 9, 2026 (00:00 UTC) from the cited source (California — leginfo.legislature.ca.gov):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3289.&lawCode=CIV

Cite this page

StatuteRates. “California Prejudgment Interest Rate.” StatuteRates.com. Accessed today. https://statuterates.com/rates/california-prejudgment-rate/ Rate recorded under Cal. Const. art. XV §1 (7% tort/general); Cal. Civ. Code §3289(b) (10% contract), effective July 9, 2026.

Reference data only — not legal, tax, or financial advice. Always confirm the controlling value against the controlling official source and, where applicable, the governing statute or court before relying on it.