Cal. Codes » Civil Code

Cal. Civil Code § 2223

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One who wrongfully detains a thing is an involuntary trustee thereof, for the benefit of the owner.

Notes of Decisions
Cited in 67 cases (10 in the last 5 years), 1942–2024 · leading case: GHK Associates v. Mayer Group, Inc.
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GHK Associates v. Mayer Group, Inc. (1990) calctapp · cites it 2× “) The trial court found that MDC violated the agreements as set forth in the statement of decision, by, among other things, transferring the Property without GHK’s consent and constructing an apartment project without paying GHK any of its profit interest under the agreements.”
Ferraro v. Camarlinghi (2008) calctapp “(b), 1000; Civ. Code, §§ 2223, 2224; Code Civ. Proc.”
PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro (2007) calctapp “(Civil Code, §§ 2223, 2224.) A constructive trust, however, is an equitable remedy, not a substantive claim for relief.”
K&M Elec. Servs., Inc. v. Vito (In re Vito) (2019) mdb · cites it 2× “2009) (analyzing constructive trusts under California law, codified at California Civil Code §§ 2223 - 24 ) (quoting United States v.”
Taylor v. Fields (1986) calctapp · cites it 2× “8 ]; Civ. Code, §§ 2223, 2224.) It may be imposed in practically any case where there has been a wrongful acquisition or detention of property to which another is entitled, but the party attempting to establish the constructive trust must establish the claim by clear and…”
Higgins v. Higgins (2017) calctapp “) Civil Code section 2223 states, “One who wrongfully detains a thing is an involuntary trustee thereof, for the benefit of the owner.”
In Re Advent Management Corporation, Debtor. Taylor Associates v. Lawrence A. Diamant, Chapter 7 Trustee (1997) ca9 · cites it 2× “a remedy for things “wrongfully detain[ed],” Cal. Civ.Code § 2223 (West Supp. 1996), or “gain[ed] .”
In Re Real Estate Associates Ltd. Partnership Litigation (2002) cacd · cites it 2× “” Cal. Civ. Code § 2223 . Section 2224 states: “[o]ne who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he or she has some other and better right thereto, an involuntary trustee of the thing gained, for…”
Tri-Growth Centre City, Ltd. v. Silldorf, Burdman (1989) calctapp “894 ; Civ. Code, §§ 2223, 2224.) On the facts alleged, there is a triable issue of fact whether the property was acquired through wrongdoing, and whether equity requires it be transferred to Tri-Growth.”
Metropolitan Life Insurance v. McShan (1983) cand “However, they contend that Esther McShan should be held to be an involuntary trustee of the proceeds because she gained title by reason of the wrongful act of Ellis McShan in disobeying the court order.”
Lovell v. Stanifer (In Re Stanifer) (1999) bap9 “Cal. Civ. Code § 2223 provided: INVOLUNTARY TRUSTEE, WHO IS.”
Weiss v. Marcus (1975) calctapp “(Civ. Code, § 2223 provides: “One who wrongfully detains a thing is an involuntary trustee thereof, for the benefit of the owner.”
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