In every such action judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as justice may require.
§ 805.Judgment Generally
Title 10. Actions In Particular Cases · Chapter 5. Actions for the Usurpation of an Office or Franchise · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 805 lets the court, in a usurpation action, render judgment on the defendant's right to the office alone, on the claimant's right alone, or on both, whichever the interests of justice call for.
Full Text of § 805
Plain-English Summary
This section gives the court flexibility in shaping its judgment once § 804 allegations bring a rival claimant into the picture. The court isn't locked into resolving both questions at once. It may rule only on whether the defendant is wrongfully holding the office, only on whether the named claimant has the better right, or on both — depending on what justice requires in the particular case.
That flexibility matters because the two questions don't always need the same answer at the same time. A court might be ready to oust a defendant immediately while still needing more to decide who, if anyone, should replace that defendant. Sections 806 and 807 pick up from there, describing what happens once the court does rule in the claimant's favor.
Frequently Asked Questions
Must the court decide both the defendant's right and the claimant's right in every case?
No. Section 805 lets the court rule on either question alone, or on both, as justice requires.
What happens if the court rules only on the defendant's right?
Section 809 describes the judgment that follows when the defendant is found guilty of usurping or unlawfully holding the office — exclusion from the office and payment of costs, with a possible fine.
What happens if the court also rules in favor of a named claimant?
Sections 806 and 807 describe the claimant's right to take the office and to recover damages for the usurpation.
Amendment History
Enacted 1872.
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: judgment office usurpation action california