California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 13 — Appeals in Civil Actions, Chapter 1 — Appeals in General, Section 908

When the judgment or order is reversed or modified, the reviewing court may direct that the parties be returned so far as possible to the positions they occupied before the enforcement of or execution on the judgment or order. In doing so, the reviewing court may order restitution on reasonable terms and conditions of all property and rights lost by the erroneous judgment or order, so far as such restitution is consistent with rights of third parties and may direct the entry of a money judgment sufficient to compensate for property or rights not restored. The reviewing court may take evidence and make findings concerning such matters or may, by order, refer such matters to the trial court for determination.

Notes

Allows a reviewing court that reverses or modifies a judgment or order to restore the parties, as far as possible, to their pre-enforcement positions. It may order restitution consistent with third-party rights, award money for property or rights not restored, take evidence and make findings, or refer those matters to the trial court.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 908 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-13/chapter-1/section-908

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