When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or privilege, judgment must be rendered that such defendant be excluded from the office, franchise, or privilege, and that he pay the costs of the action. The Court may also, in its discretion, impose upon the defendant a fine not exceeding five thousand dollars, which fine, when collected, must be paid into the Treasury of the State.
§ 809.Defendant Guilty of Usurping Or Intruding Or Unlawfully Holding Office, Franchise Or Privilege
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 809 requires a court that finds a defendant guilty of usurping, intruding into, or unlawfully holding an office, franchise, or privilege to order that defendant excluded and to pay costs, and allows a discretionary fine of up to five thousand dollars payable to the state treasury.
Full Text of § 809
Plain-English Summary
This section spells out the judgment against a defendant found guilty in a usurpation action. Once the court determines the defendant unlawfully usurped, intruded into, or held an office, franchise, or privilege, the judgment must exclude the defendant from that office, franchise, or privilege and require payment of the costs of the action. Those two consequences are mandatory once guilt is established.
The court then has discretion to go further. It may impose a fine of up to five thousand dollars, which — if collected — goes into the state treasury rather than to the plaintiff or any private complainant. That structure fits the public character of the action: the wrong being remedied is the unlawful exercise of a public office or franchise, so the penalty flows to the public treasury.
Frequently Asked Questions
What must happen once a defendant is found guilty of usurping an office or franchise?
The court must render judgment excluding the defendant from the office, franchise, or privilege and requiring payment of the costs of the action.
Can the court also impose a fine?
Yes, in its discretion, up to five thousand dollars.
Who receives the fine if one is imposed?
The state treasury, not the plaintiff or any private party who brought the matter to the Attorney General's attention.
Is the fine mandatory?
No. Exclusion from the office and payment of costs are required once guilt is found; the fine is left to the court's discretion.
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: penalty office usurpation californiafine for usurping office california