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HomeProbate CodeDiv. 3Pt. 3Ch. 2§ 1310 Appeal Stays Judgment Operation

§ 1310 Appeal Stays Judgment Operation

Probate Code·California
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AI SummaryVerified

§ 1310 Appeal Stays Judgment Operation

This law says that when you appeal a court decision, the decision is usually put on hold, but there are several situations where the decision keeps working right away.

Key Takeaways

  • •Normally an appeal pauses (stays) the judgment or order.
  • •The court can tell a guardian, trustee, or other fiduciary to keep acting even while an appeal is pending, and those actions stay valid.
  • •If the court asks for a bond (a kind of guarantee) and the bond isn’t given, the appeal does NOT pause the judgment.
  • •Money judgments stay active unless a bond is posted or the money comes from a special estate that the law treats differently.

Example

A person who has a court‑appointed guardian wants to appeal the judge’s order that the guardian must pay a medical bill. The judge also says the guardian can keep paying the bill while the appeal is happening.

Even though the person appealed, the judge’s order that the guardian can pay the bill stays in effect because the law lets the court let the guardian act as if there was no appeal. The appeal does not stop that payment.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1310 Appeal Stays Judgment Operation

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

Last verified: January 11, 2026

Key Terms

stays the operation and effecttemporary guardianjudgment for moneybond is posted

Related Statutes

  • § 1215 Delivery By Mail
  • § 1217 Default Service Method
  • § 1311 Fiduciary Acts Valid After Reversal
  • § 1312 Inheritance Tax Appeals
  • § 1452 No Jury Trial Right

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1310.
View Official Source