Benard v. Walkup

In Benard v. Walkup (1969) 272 Cal.App.2d 595, the court disallowed any deduction because the precise amount of damages that plaintiff might have gained by a full performance of his attorney was unknown. The court noted that full performance on the attorney's part might have uncovered greater damages than those approved by the court, and concluded at page 606, "Under the circumstances, therefore, the applicable rule is that which states that one whose wrongful conduct has rendered difficult the ascertainment of damages cannot complain because the court must make an estimate of damages rather than an actual computation."