California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10 — Actions in Particular Cases, Chapter 3 — Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property, Section 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.

Notes

Requires the verdict and judgment in a property-recovery action to reflect that the plaintiff’s right terminated while the action was pending, even when the plaintiff had a right to recover when suit began. The plaintiff may nevertheless recover damages for the period during which the property was withheld.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 740 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10/chapter-3/section-740

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