If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he will be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office.
§ 806.Judgment Rendered Upon Right of Person Alleged to Be Entitled
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 806 lets a person whose right to a disputed office is confirmed by judgment take over that office once that person has taken the required oath and posted any official bond the law demands.
Full Text of § 806
Plain-English Summary
Once the court rules, under § 805, in favor of the person alleged to be rightly entitled to the office, this section tells that person what comes next. Winning the judgment isn't the final step — the successful claimant still has to take the oath of office and execute whatever official bond the position requires before assuming its duties.
That sequencing preserves the ordinary safeguards attached to public office, even when the office is being filled through litigation rather than an election or appointment. Once those steps are complete, § 807 lets the same successful claimant pursue a separate action for damages caused by the defendant's earlier usurpation.
Frequently Asked Questions
Does winning the judgment automatically put the claimant into the office?
No. The claimant must first take the oath of office and post any official bond the law requires before taking up its duties.
What if the office doesn't require a bond?
Then only the oath requirement applies before the claimant may assume the office.
Can the successful claimant also recover damages for the time the office was wrongfully held?
Yes, § 807 lets that person bring a separate action for damages caused by 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: taking office after usurpation judgment california