Under Prob. Code 1310(b), a probate court handling a trust or probate matter, may, in extraordinary circumstances, issue orders, necessary to prevent injury or loss to person or property that are not stayed pending appeal. The section provides that a fiduciary’s acts pursuant to such an order are valid irrespective of the outcome of the appeal. This decision holds that it could issue no relief with regard to appeals that challenged orders issued under section 1310(b) and so dismissed those appeals without considering their merits.
California Court of Appeal, First District, Division 1 (Margulies, J.); August 18, 2016 (partial publication); 2016 WL 4398030