Actions in Particular CasesActions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property
Section § 740
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.
Section § 741
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.
Section § 742
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.
Section § 743
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.
Section § 744
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.
Section § 745
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.
Section § 746
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.
Section § 747
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.
Section § 748
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.
Section § 749
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.
Section § 749.5
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.