If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he may have sustained by reason of the usurpation of the office by the defendant.
§ 807.Damages Recovered By 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 807 lets a person whose right to the office is confirmed by judgment bring a separate action to recover damages sustained because of the defendant's earlier usurpation of that office.
Full Text of § 807
Plain-English Summary
Section 806 gets the rightful claimant into the office; this section lets that same person go after compensation for having been kept out of it. If the judgment in the usurpation action favors the person alleged to be entitled, that person may recover, through a separate action, whatever damages resulted from the defendant's usurpation.
The remedy runs through a distinct lawsuit rather than as part of the underlying usurpation judgment itself — the statute describes it as recovery "by action." That separates the question of the claimant's right to the office, resolved in the original proceeding, from the question of how much the wrongful occupation cost the claimant, which the follow-on damages action addresses.
Frequently Asked Questions
Can the rightful claimant recover money damages for being kept out of the office?
Yes. Section 807 lets that person recover, by a separate action, the damages sustained because of the defendant's usurpation.
Is the damages claim decided in the same lawsuit as the usurpation action?
No. The statute contemplates a separate action for the damages, distinct from the original proceeding that established the claimant's right.
What triggers the right to bring this damages action?
A judgment in the underlying usurpation action, rendered under § 805, in favor of the person alleged to be entitled to the office.
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: damages for office usurpation california