California Probate Code

§ 1310

PROB § 1310 Effective Jan 1, 2011Div. 3 · Part 3 · Ch. 2

Statute text

(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.

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Legislative history

Amended by Stats. 2010, Ch. 94, Sec. 1. (AB 2271) Effective January 1, 2011.