If an appeal be taken from an order or judgment granting a writ of mandate the court granting the writ, or the appellate court, may direct that the appeal shall not operate as a stay of execution if it is satisfied upon the showing made by the petitioner that he will suffer irreparable damage in his business or profession if the execution is stayed.
§ 1110b.When Appeal Directed Not to Operate As Stay of Order Or Judgment Granting Writ of Mandate
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 5. Rules of Practice and Appeals · Enacted 1941 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1110b lets the court that granted a writ of mandate, or the appellate court, order that an appeal from a judgment granting the writ won't stay its execution, when the petitioner shows that a stay would cause irreparable damage to the petitioner's business or profession.
Full Text of § 1110b
Plain-English Summary
Ordinarily, an appeal from a judgment granting a writ of mandate would pause enforcement of that writ while the appeal is pending. Section 1110b lets the court that granted the writ -- or the appellate court -- override that default and let the writ take effect despite the appeal.
The petitioner has to make a specific showing: that irreparable damage to the petitioner's business or profession would result if execution stayed pending appeal. Only once the court is satisfied on that showing can it direct that the appeal not operate as a stay.
Read together with § 1110a's irrigation-water rule, this section shows the same underlying concern running through both: some mandate orders protect interests -- a farmer's crop, a professional's livelihood -- that an ordinary appellate stay would irreparably damage before the appeal is ever decided.
Frequently Asked Questions
Does an appeal automatically pause a writ of mandate while it's pending?
Ordinarily yes, but § 1110b lets the granting court or the appellate court direct otherwise on the petitioner's showing.
What must the petitioner show to keep the writ in effect during an appeal?
That the petitioner will suffer irreparable damage in business or profession if execution of the writ is stayed pending the appeal.
Who decides whether the appeal will operate as a stay?
Either the court that granted the writ of mandate or the appellate court hearing the appeal.
Amendment History
Added by Stats. 1941, Ch. 330.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: appeal stay writ of mandate californiairreparable damage business writ of mandate appeal