The trial court erred in awarding damages in the amount of the difference between the amount of commission the parties sought in a separate suit against a third party and the amount for which they settled that suit. While defendant’s breach of contract caused uncertainty about recovery, thus causing, in part, the lower settlement, the uncertainty of the litigation and the collectability of any judgment made damages based on the total sought in the prior suit too indefinite and speculative to serve as the basis for a damage award.
California Court of Appeal, First District, Division 4 (Streeter, J.); December 15, 2016 (partial publication); 6 Cal. App. 5th 970