SECTIONS 740-749.5 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 740-749.5

740. In an action for the recovery of property, where the plaintiff
shows a right to recover at the time the action was commenced, but
it appears that his right has terminated during the pendency of the
action, the verdict and judgment must be according to the fact, and
the plaintiff may recover damages for withholding the property.

741. (a) As used in this section, "good faith improver" has the
meaning given that term by Section 871.1.
(b) When damages are claimed for withholding the property
recovered, and improvements have been made on the property by a
defendant or his predecessor in interest as a good faith improver,
the amount by which such improvements enhance the value of the land
must be allowed as a setoff against such damages.

742. The Court in which an action is pending for the recovery of
real property, or for damages for an injury thereto, or a Judge
thereof may, on motion, upon notice by either party for good cause
shown, grant an order allowing to such party the right to enter upon
the property and make survey and measurement thereof, and of any
tunnels, shafts, or drifts therein, for the purpose of the action,
even though entry for such purpose has to be made through other lands
belonging to parties to the action.

743. The order must describe the property, and a copy thereof must
be served on the owner or occupant; and thereupon such party may
enter upon the property, with necessary surveyors and assistants, and
make such survey and measurement; but if any unnecessary injury be
done to the property he is liable therefor.

744. A mortgage of real property shall not be deemed a conveyance,
whatever its terms, so as to enable the owner of the mortgage to
recover possession of the real property without a foreclosure and
sale.

745. The court may, by injunction, on good cause shown, restrain
the party in possession from doing any act to the injury of real
property:
(a) During the foreclosure of a mortgage on the property.
(b) After levy on the property and before the possession of the
property is transferred pursuant to sale under the levy.

746. When real property has been sold pursuant to a levy, the
purchaser of the property, or any person who has succeeded to the
interest of the purchaser, may recover damages from the person
causing the injury for injury to the property after levy and before
possession is delivered to the purchaser or the person who has
succeeded to the interest of the purchaser.

747. An action for the recovery of real property against a person
in possession cannot be prejudiced by any alienation made by such
person, either before or after the commencement of the action.

748. In actions respecting mining claims, proof must be admitted of
the customs, usages, or regulations established and in force at the
bar or diggings embracing such claim; and such customs, usages, or
regulations, when not in conflict with the laws of this State, must
govern the decision of the action.

749. (a) In an action for damages by a homeowner or trustor against
a beneficiary of a trust deed on real property consisting of a
single-family residence containing not more than four dwelling units,
or against an assignee or successor in interest thereof, wherein it
is established the trust deed was forged in whole or in part by the
beneficiary, judgment may be entered for three times the amount at
which the actual damages are assessed.
(b) An assignee or successor in interest of a beneficiary or a
transferee of a prior assignee or of a prior successor in interest
shall not be subject to treble damages unless it is established that
the person purchased or obtained the deed of trust with actual
knowledge of the forgery of the deed of trust.
(c) This section shall not apply to any person who does not
purchase and sell four or more deeds of trust in any calendar year.
(d) This section shall not limit or affect the availability of
punitive damages, if any, to the injured party.
(e) This section shall apply to any action filed on or after July
1, 1983, provided that any action filed prior to the effective date
of this section is pending at that time in the court of original
jurisdiction.

749.5. (a) In an action for damages by an assignee or a successor
in interest against a beneficiary of a trust deed on real property
consisting of a single-family residence containing not more than four
dwelling units, wherein it is established the trust deed was forged
in whole or in part by the beneficiary, judgment may be entered for
three times the amount at which the actual damages are assessed.
(b) This section shall not apply to any person who does not
purchase and sell four or more deeds of trust in any calendar year.
(c) This section shall not limit or affect the availability of
punitive damages, if any, to the injured party.
(d) This section shall apply to any action filed on or after
January 1, 1984.