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1418 REVIEW DENIED In an action founded on negligence, damages are not capable of being made certain until a jury determines whether and to what extent the plaintiff was comparatively negligent, so pre-judgment interest is not available; in an action against a bank for paying checks on a forged endorsement, the 3 year statute of limitations on actions for taking or injuring goods or chattels applies.CitationWISPER v CALIFORNIA COMMERCE BANK (Forged Checks) 49 CA4 948 [See: CCP 338, 339; CivC 3287; Sun 'n Sand v UCB 21 C3 671; Marine v Paceco 145 CA3 991]
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