Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1008


Introduced by Assembly Member Torres

February 22, 2013


An act to amend Sectionbegin delete 167 of the Code of Civil Procedureend deletebegin insert 69841 of the Government Codeend insert, relating tobegin delete civil procedureend deletebegin insert courtsend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1008, as amended, Torres. Civil procedure: judges.

Existingbegin insert law requires the clerk of the superior court to attend each session of the superior court in the county and upon the judges of the court in chambers when required. Existingend insert law authorizes a judge to perform any act required or permitted to be performed by a clerk of the court.

begin insert

This bill would provide that the above-described requirements of a court clerk are not satisfied by a judge performing the duties of a clerk pursuant to the latter provision.

end insert
begin delete

This bill would make a nonsubstantive change to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 69841 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

69841.  

begin insert(a)end insertbegin insertend insert The clerk of the superior court shall attend each
4session of the superior court in the county and upon the judges of
5the court in chambers when required.

begin insert

P2    1(b) The requirements of subdivision (a) are not satisfied by the
2attendance of a judge performing the duties of a clerk pursuant to
3Section 167 of the Code of Civil Procedure.

end insert
begin delete4

SECTION 1.  

Section 167 of the Code of Civil Procedure is
5amended to read:

6

167.  

An act required or permitted to be performed by the clerk
7of a court may be performed by a judge thereof.

end delete


O

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