California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 1 — Relief, Title 2 — Compensatory Relief, Chapter 2 — Measure of Damages, Article 2 — Damages for Wrongs, Section 3337

The presumption declared by the last section cannot be repelled, in favor of one whose possession was wrongful from the beginning, by his subsequent application of the property to the benefit of the owner, without his consent.

Notes

Bars a person whose possession of property was wrongful from the beginning from defeating the preceding statutory presumption merely by later applying the property to the owner’s benefit without the owner’s consent. The later beneficial use therefore does not rebut that presumption in favor of the person who originally obtained possession wrongfully.

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