Tort Injury to Real Property Law in California

"A plaintiff injured by tortious misconduct is entitled to recover damages in an 'amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.' For tortious injury to real property, the general rule is that the plaintiff may recover the lesser of (1) the diminution in the property's fair market value, as measured immediately before and immediately after the damage; or (2) the cost to repair the damage and restore the property to its pretrespass condition, plus the value of any lost use. The practical effect of this rule is to limit damages to property to the fair market value of the property prior to the damage. " (Kelly v. CB&I Constructors, Inc. (2009) 179 Cal.App.4th 442, 450.) The damages permissible for the violation of the Right to Repair Act are specified by statute: "If a claim for damages is made under this title, the homeowner is only entitled to damages for the reasonable value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost of repairing and rectifying any damages resulting from the failure of the home to meet the standards, the reasonable cost of removing and replacing any improper repair by the builder, reasonable relocation and storage expenses, lost business income if the home was used as a principal place of a business licensed to be operated from the home, reasonable investigative costs for each established violation, and all other costs or fees recoverable by contract or statute." (Civ. Code, 944.) Damages resulting from Carnation's breach of contract are also set forth in a statute: "For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom." (Civ. Code, 3300.)