Opinion
S260209
08-09-2021
DALY (MICHAEL GOMEZ) v. SAN BERNARDINO COUNTY BOARD OF SUPERVISORS (ROWE)
E073730 Fourth Appellate District, Div. 2
Opinion filed: Judgment reversed
The superior court's order requiring the Board to rescind its appointment of Rowe as a supervisor and to instead seat an appointee named by the Governor was subject to an automatic stay of enforcement pending the Board and Rowe's appeal on the merits. (Code Civ. Proc., § 916, subd. (a).) The Board and Rowe were entitled to a writ of supersedeas effectuating such a stay. We therefore reverse the Court of Appeal's order denying the writ and remand for further proceedings consistent with our opinion. The stay of proceedings previously issued by this court is dissolved.
Majority Opinion by Kruger, J.
-- joined by Cantil-Sakauye, C. J., Corrigan, Liu, Cuéllar, Groban, and Jenkins, JJ.