Damages Allocation in California
2 min read
Published July 14, 2026 • By DocketMath Team
This page has current canonical verification receipts.
Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.
Current verified answer
California damages-allocation: limitation period is see statute; percentage of fault is The trier of fact's allocation of responsibility among parties (and, where appropriate, nonparties under DaFonte v. Up-Right, Inc.) summing to 100%..
Run the allocationAuthority and key facts
Citation: Cal. Civ. Code § 1431.2; Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975)
View the primary sourceVerified April 25, 2026
- Limitation Period: see statute
- Percentage Of Fault: The trier of fact's allocation of responsibility among parties (and, where appropriate, nonparties under DaFonte v. Up-Right, Inc.) summing to 100%.
- Economic Damages: Cal. Civ. Code § 1431.2(b)(1): objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities. (Joint and several.)
- Non Economic Damages: Cal. Civ. Code § 1431.2(b)(2): subjective, non-monetary losses including pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation. (Several only.)
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.
Damages Allocation in California
California law allocates damages under a comparative fault system, meaning a plaintiff’s recovery is reduced by their share of responsibility for the injury. This rule is governed by Cal. Civ. Code § 1431.2 and established in Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975). The statute limits a defendant’s liability for noneconomic damages to their proportionate fault, while economic damages are jointly and severally liable among all responsible parties. The official source at the link above sets out the precise application of this allocation. The worked example below demonstrates how the calculation operates. For an estimate of your own situation, use the DocketMath calculator.
Governing authority
In California, the damages allocation rule is set by Cal. Civ. Code § 1431.2; Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975). The verified packet cites Cal. Civ. Code § 1431.2; Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975) (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1431.2.).
California damages allocation: governed by Cal. Civ. Code § 1431.2; Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975). The verified packet cites Cal. Civ. Code § 1431.2; Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975) (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1431.2.).
Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.