Kane v. Superior Court

In Kane v. Superior Court (1995) 37 Cal.App.4th 1577, the court interpreted a predecessor statute as providing an exception to the stay provision "when the circumstances are such that it is necessary to take immediate action to prevent imminent injury or loss to a person or property . . . ." ( Id. at p. 1584.) Although the order may be appealed, "the language the Legislature used in enacting this subdivision clearly empowers a trial court to direct such order to be immediately carried out unaffected by any subsequent appeal of the order, and without regard to the possible outcome on appeal." (Ibid.) The court emphasized "the Legislature's express recognition that some situations present such an extraordinary risk of injury or loss that they require immediate intervention by the probate court to make orders which can be implemented immediately despite the filing of an appeal, and regardless of the result on appeal." ( Id. at p. 1586.)