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§ 745.Injunction Restraining Injury to Property By Party In Possession

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 1983 · Last verified July 28, 2026

In one sentenceSection 745 lets the court, on good cause shown, issue an injunction restraining a party in possession of real property from injuring it during the pendency of a foreclosure or after a levy but before possession is transferred to the sale purchaser.

Full Text of § 745

Text sizeJump to: (a) (b)

The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property:
(a) During the foreclosure of a mortgage on the property.
(b) After levy on the property and before the possession of the property is transferred pursuant to sale under the levy.

Plain-English Summary

Property in the middle of foreclosure or execution proceedings is vulnerable to neglect or deliberate damage by whoever still occupies it. Section 745 lets the court, on a good-cause showing, enjoin that occupant from doing anything injurious to the property in two specific windows: during the foreclosure of a mortgage on the property, and after a levy on the property but before possession transfers under the resulting sale.

This gives plaintiffs and purchasers a tool to protect property value during the gap between initiating enforcement and obtaining possession in hand — a gap where, without this kind of order, an occupant with nothing left to lose might otherwise cause damage the eventual owner would have to absorb.

Frequently Asked Questions

When can a court restrain a party in possession from injuring real property under § 745?

During the foreclosure of a mortgage on the property, or after a levy on the property and before possession transfers under the sale.

What must be shown to get this kind of injunction?

Good cause, shown to the court.

Amendment History

Amended by Stats. 1982, Ch. 497, Sec. 57. Operative July 1, 1983, by Sec. 185 of Ch. 497.

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: injunction against waste during foreclosure californiarestraining injury to property pending sale