Daly v. San Bernardino County Bd. of Supervisors

Summary

The court held that the superior court's order requiring the county board to rescind a supervisor's appointment and seat a gubernatorial replacement was a mandatory injunction. Because mandatory injunctions are automatically stayed during an appeal, the court reversed the Court of Appeal's denial of supersedeas and remanded. The court did not decide whether quo warranto was the exclusive remedy or whether a discretionary stay should issue on the merits.