The California Supreme Court has reversed a Superior Court ruling requiring the San Bernardino County Board of Supervisors to remove and replace Dawn Rowe, holding that the order should have been automatically stayed as a mandatory injunction.
“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.
“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.”
