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.
§ 740.Damages In Action For Recovery Where Right to Recover Terminated During Pendency of Action
Title 10. Actions In Particular Cases · Chapter 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property · Last amended 1907 · Last verified July 28, 2026
In one sentenceSection 740 requires the verdict and judgment in a real property recovery action to reflect the fact that the plaintiff's right to recover terminated during the case, while still letting the plaintiff recover damages for the time the property was wrongfully withheld.
Full Text of § 740
Plain-English Summary
Sometimes a plaintiff has a valid right to recover property when a lawsuit starts, but that right lapses before the case ends — a lease expires, an estate terminates, some condition passes. Section 740 addresses exactly that timing problem: if the plaintiff had the right to recover when the action was commenced, but the right terminated while the case was pending, the verdict and judgment must reflect that fact accurately rather than ignore it.
Even so, the plaintiff isn't left empty-handed. The judgment can still award damages for the period the property was wrongfully withheld before the right expired — the plaintiff just can't get the property back or a judgment that pretends the right never ended.
Frequently Asked Questions
What happens if a plaintiff's right to recover property lapses while the lawsuit is still pending?
The verdict and judgment must reflect that the right terminated during the case, rather than treating the right as still in effect.
Can the plaintiff still recover anything if the right to recover terminates mid-case?
Yes. Section 740 lets the plaintiff still recover damages for the period the property was wrongfully withheld.
Amendment History
Amended by Stats. 1907, Ch. 363.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: right to recover property terminated during lawsuitdamages for withholding real property california