Article 2. Damages for Wrongs - California Civil Code Section 3334
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California Laws > Civil Code > Article 2. Damages for Wrongs - California Civil Code Section 3334
3334. (a) The detriment caused by the wrongful occupation of real
property, in cases not embraced in Section 3335 of this code, the
Eminent Domain Law (Title 7 (commencing with Section 1230.010) of
Part 3 of the Code of Civil Procedure), or Section 1174 of the Code
of Civil Procedure, is deemed to include the value of the use of the
property for the time of that wrongful occupation, not exceeding five
years next preceding the commencement of the action or proceeding to
enforce the right to damages, the reasonable cost of repair or
restoration of the property to its original condition, and the costs,
if any, of recovering the possession.
(b) (1) Except as provided in paragraph (2), for purposes of
subdivision (a), the value of the use of the property shall be the
greater of the reasonable rental value of that property or the
benefits obtained by the person wrongfully occupying the property by
reason of that wrongful occupation.
(2) If a wrongful occupation of real property subject to this
section is the result of a mistake of fact of the wrongful occupier,
the value of the use of the property, for purposes of subdivision
(a), shall be the reasonable rental value of the property.
Last modified: February 16, 2015