BILL NUMBER: AB 2271	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 18, 2010

   An act to amend Section 1310 of the Probate Code, relating to
probate.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2271, as introduced, Silva. Probate: appeals.
   Existing law establishes the right to appeal the making or denial
of various orders or judgments under probate law. Existing law also
provides that when an appeal is taken 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 power, or a special administrator, to
exercise the powers, as if no appeal were pending, as provided.
   This bill would provide that the court may also appoint a
temporary trustee to exercise the powers, as if no appeal were
pending.
   Existing law provides the appeal shall not stay the operation and
effect of a judgment for money or order directing payment unless the
payment is to be made from the decedent's estate or from the estate
of a person who is subject to a guardianship or conservatorship of
the estate.
   This bill would provide that an appeal also stays a payment to be
made from a trust estate under the jurisdiction of the court.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1310 of the Probate Code is amended to read:
   1310.  (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)  , or from a t   rust
estate under the jurisdiction of the court  . However, a court
may require bond as provided in subdivision (d).