(a)Except as provided in subdivisions (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (commencing with Section 1300) stays the operation and effect of the judgment or order.
(b)Notwithstanding that an appeal is taken from the judgment or order, for the purpose of preventing injury or loss to a person or property, the trial court may direct the exercise of the powers of the fiduciary, or may appoint a temporary guardian or conservator of the person or estate, or both, or a special administrator or temporary trustee, to exercise the powers, from time to time, as if no appeal were pending. All acts of the fiduciary pursuant to the directions of the court made under this
subdivision are valid, irrespective of the result of the appeal. An appeal of the directions made by the court under this subdivision shall not stay these directions.
(c)In proceedings for guardianship of the person, Section 917.7 of the Code of Civil Procedure shall apply.
(d)An appeal shall not stay the operation and effect of the judgment or order if the court requires an undertaking, as provided in Section 917.9 of the Code of Civil Procedure, and the undertaking is not given.
(e)An appeal shall not stay the operation and effect of a judgment for money or an order directing payment of money, unless one of the following applies:
(1)A bond is posted as provided in Section 917.1 of the Code of Civil Procedure.
(2)The payment is to be made from a decedent’s estate being administered under Division 7 (commencing with Section 7000) or from the estate of a person who is subject to a guardianship or conservatorship of the estate under Division 4 (commencing with Section 1400). However, a court may require a bond as provided in subdivision (d).
Notes of Decisions
Cited in
13
cases (
6 in the last 5 years), 2002–2024 · leading case:
Conservatorship of McElroy, 104 Cal. App. 4th 536 (Cal. Ct. App. 2002).
Conservatorship of McElroy, 104 Cal. App. 4th 536 (Cal. Ct. App. 2002).
· cites it 3× “The petition was based on Probate Code section 1310, subdivision (b).”
Blumberg v. Minthorne, 233 Cal. App. 4th 1384 (Cal. Ct. App. 2015).
· cites it 2× “” (Prob. Code, § 1310, subd. (d).) Code of Civil Procedure section 917.”
Doolittle v. Exch. Bank, 241 Cal. App. 4th 529 (Cal. Ct. App. 2015).
“1 Probate Code section 1310 provides in relevant part: “(a) Except as provided in subdivisions (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (commencing with Section 1300) stays the operation and effect of the judgment or order.”
East Bay Reg'l Park Dist. v. Griffin, 2 Cal. App. 5th 734 (Cal. Ct. App. 2016).
““Probate Code section 1310, subdivision (a), provides that, subject to listed exceptions, an appeal stays the operation of an order.”
Blumberg v. Minthorne, No. G050428M (Cal. Ct. App. Feb. 25, 2015).
· cites it 2× “” (Prob. Code, § 1310, subd. (d).) Code of Civil Procedure section 917.”
Rudnick v. Rudnick, No. F079105 (Cal. Ct. App. Sept. 23, 2020).
“or attorney fees and costs based on the following legal grounds: (1) Probate Code section 17211, subdivision (a), because Robert’s objections to the petition were made in bad faith and without reasonable cause; (2) the contractual attorney fee provision in the 2010 Settlement…”
Biasi v. Nielson, No. B306279 (Cal. Ct. App. Apr. 27, 2021).
“4th 939, 956 ; Prob. Code, § 1310, subd. (b) [fiduciaries may exercise their duties “for the purpose of preventing injury or loss to a person or property .”
Gaines v. Longwood 18, No. B311210 (Cal. Ct. App. Nov. 30, 2022).
“Events After the February 17, 2021 Hearing Counsel for Gaines prepared a proposed order confirming sale of the property and on March 1, 2021, filed an ex parte application to shorten time for hearing on the proposed order, and on two other requested orders: an order instructing…”
Johnson v. Johnson, No. C094348 (Cal. Ct. App. Apr. 13, 2023).
“(Prob. Code, § 1310, subd. (a).) An appeal of a decree under Probate Code section 248 is an appeal pursuant to Probate Code section 1303, subdivision (f).”
Del Pozo v. Lemke, No. D080312 (Cal. Ct. App. June 29, 2023).
“At an initial hearing on the petition, the probate court set a further hearing to consider whether the still-pending appeal prevented the sale of the property under Probate Code section 1310, subdivision (b).”
Lemke v. Jander, No. 3:20-cv-00362, 2021 WL 778653 (S.D. Cal. Mar. 1, 2021).
“See Cal. Prob. Code § 1310 (b) (“Notwithstanding that an appeal 3 is taken from the judgment or order, .”
Est. of Jackson, No. B328505 (Cal. Ct. App. Aug. 21, 2024).
“The executors filed a cross-appeal from the probate court’s denial of their request for an order pursuant to Probate Code section 1310, subdivision (b), but dismissed their cross-appeal on March 6, 2024.”
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treatment. Dots show Syfertize treatment of the citing case itself.