Section § 740

Explanation

If someone starts a lawsuit to get their property back and initially has the right to do so, but loses that right before the case ends, the verdict will reflect this change. However, they can still win damages for the time the property was kept from them.

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.

Section § 741

Explanation

This section explains that if a person who made improvements to a property in good faith is sued for damages for withholding that property, they can use the value those improvements added to the property to reduce the amount they might owe in damages.

(a)CA Civil Procedure Code § 741(a) As used in this section, “good faith improver” has the meaning given that term by Section 871.1.
(b)CA Civil Procedure Code § 741(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.

Section § 742

Explanation

This law allows a court to grant someone involved in a lawsuit about real property or related damages the right to enter the property in question. With good reason, and after notifying the other party, the court can authorize them to survey or measure the land and any tunnels or mines on it, even if they have to cross someone else's land to do so.

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.

Section § 743

Explanation

If someone needs to survey a piece of land, they must first have an order that describes the property and serve it to the owner or person living there. After that, they can enter the property with the necessary team to do the survey and measurements. However, if they cause any damage that's not needed for the survey, they can be held responsible for it.

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.

Section § 744

Explanation

This law states that a mortgage on real estate doesn't allow the mortgage holder to take possession of the property just because they hold the mortgage. Instead, they have to go through a legal process called foreclosure and sale to take ownership.

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.

Section § 745

Explanation

This law allows a court to temporarily stop someone from damaging real estate if a good reason is shown. It applies during a foreclosure process or when the property is seized but hasn't yet been sold and passed to a new owner.

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)CA Civil Procedure Code § 745(a) During the foreclosure of a mortgage on the property.
(b)CA Civil Procedure Code § 745(b) After levy on the property and before the possession of the property is transferred pursuant to sale under the levy.

Section § 746

Explanation

If someone buys property that was sold due to a legal process (a levy), they or anyone who inherits their rights can demand compensation if someone damages the property after it's been sold but before they actually take possession of it.

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.

Section § 747

Explanation

This law says that if you are trying to reclaim ownership of a property from someone who's living there, the fact that they sold or transferred the property to someone else doesn't change your ability to pursue the case. It doesn't matter if the transfer happened before or after you started the legal action.

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.

Section § 748

Explanation

This law says that if you're dealing with a legal case related to mining claims, you need to consider the local customs, practices, or rules that are followed in the area where the mine is located. As long as these local customs don't go against California law, they should influence how the case is decided.

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.

Section § 749

Explanation

This law is about situations where a homeowner finds out that a deed of trust on their property was forged by the lender. If that's the case, the homeowner can sue for three times the amount of actual damages. However, if someone else bought the deed without knowing about the forgery, they’re not liable for these extra damages. Also, this rule doesn't apply if the person isn’t buying and selling at least four deeds in a year. The homeowner can still seek additional punitive damages beyond this triple amount. These rules apply to lawsuits filed after July 1, 1983, even if the case started before that date and is still in court.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 749(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)CA Civil Procedure Code § 749(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)CA Civil Procedure Code § 749(d) This section shall not limit or affect the availability of punitive damages, if any, to the injured party.
(e)CA Civil Procedure Code § 749(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.

Section § 749.5

Explanation

This law says if someone took over another's role and sues a person who benefits from a trust deed on a single-family house, and it turns out the trust deed was partly or entirely forged by that person, the court can award three times the actual damages. However, this doesn't apply to people who don't buy and sell at least four deeds of trust each year. Additionally, the option to get more money as punishment (punitive damages) isn’t affected, and this rule is for cases starting from January 1, 1984.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 749.5(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)CA Civil Procedure Code § 749.5(c) This section shall not limit or affect the availability of punitive damages, if any, to the injured party.
(d)CA Civil Procedure Code § 749.5(d) This section shall apply to any action filed on or after January 1, 1984.