What is the deadline to sue over damaged personal property in California?
Three years from the date the damage occurred or was discovered, under Code of Civil Procedure § 338(c)(1). That is longer than the two-year period many states use, and it is a common mistake to apply § 335.1's two-year limit, which governs bodily injury rather than injury to personal property.
Can a California damage claim include lost value after repairs?
Yes. California recognizes diminished value through jury instruction CACI No. 3903J: when repairs cannot restore an item to its pre-loss value, the remaining diminution in value is added to repair costs, capped at the property's value before the loss. Vehicle diminished value claims can be pursued against the at-fault driver's carrier and, in some circumstances, under underinsured motorist coverage.
How do California courts measure damages for personal property that is not destroyed?
As the lesser of the depreciation in value or the reasonable cost of repair, plus loss of use, with total recovery capped at the property's pre-loss fair market value. A before-and-after appraisal that documents both figures gives the court exactly the comparison this rule requires.
What if my insurer and I disagree on the amount of a contents loss in California?
California's standard fire policy, mandated by Insurance Code § 2071, includes an appraisal provision under which party-appointed appraisers and an umpire, not a judge, determine the amount of loss for damaged personal property. An independent valuation of the damaged contents is the evidence your appointed appraiser brings to that panel.