BILL NUMBER: AB 1167	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 3, 2013

INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 22, 2013

   An act to amend  Sections 488.030 and  
Section  687.010 of the Code of Civil Procedure, relating to
civil procedure.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1167, as amended, Dickinson. Civil procedure: levies
   Existing law governs the procedure for levying an execution lien
 or attachment lien  upon real or personal property.
Existing law requires the  plaintiff or  judgment
creditor to give the levying officer written instructions containing
the information needed or requested by the levying officer to serve
the writ, order, notice, or other paper on a person.
   This bill would require instructions given to a levying officer to
include specified information if the instructions are accompanied by
a  specified  writ  of execution  issued by the
court as an electronic record or document printed from an electronic
record issued by the court.  The bill would authorize the
issuance and acceptance of an electronic writ only if the court and
the levying officer are technologically able to do so.  
Except as specified, the bill would authorize the levying officer to
proceed in the same manner as if in possession of a paper version of
the writ. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 488.030 of the Code of Civil
Procedure is amended to read:
   488.030.  (a) The plaintiff shall give the levying officer
instructions in writing. The instructions shall be signed by the
plaintiff's attorney of record or, if the plaintiff does not have an
attorney of record, by the plaintiff. The instructions shall contain
the information needed or requested by the levying officer to comply
with the provisions of this title, including but not limited to:
   (1) An adequate description of any property to be levied upon.
   (2) A statement whether the property is a dwelling.
   (3) If the property is a dwelling, whether it is real or personal
property.
   (b) Subject to subdivision (c), the levying officer shall act in
accordance with the written instructions to the extent the actions
are taken in conformance with the provisions of this title.
   (c) Except to the extent the levying officer has actual knowledge
that the information is incorrect, the levying officer may rely on
any information contained in the written instructions.
   (d) If the instructions directing the levying officer to perform a
levy are accompanied by a writ of attachment issued by the court as
an electronic record, as defined in subdivision (k) of Section 263.1,
or a document printed from an electronic record issued by the court,
the instructions shall also include all of the following
information, as stated in the electronic writ:
   (1) The date of issuance of the writ.
   (2) The name of the defendant or defendants whose property is
subject to levy under the writ.
   (3) The amount to be secured by the attachment.
   (4) A statement indicating that the accompanying writ is either of
the following:
   (A) An original writ not already in the possession of the levying
officer.
   (B) A copy of the writ already in possession of the levying
officer.
   (e) Unless and to the extent the levying officer has actual
knowledge that the information in the electronic writ has been
altered, the levying officer may proceed in the same manner as if in
possession of a paper version of the writ.
   (f) The court may issue, and the levying officer may accept, an
electronic writ only if they are technologically able to do so.

   SEC. 2.   SECTION 1.   Section 687.010
of the Code of Civil Procedure is amended to read:
   687.010.  (a) The judgment creditor shall give the levying officer
instructions in writing. The instructions shall  include the
signature and name of   be signed by  the judgment
creditor's attorney of record or, if the judgment creditor does not
have an attorney of record, by the judgment creditor. The
instructions shall contain the information needed or requested by the
levying officer to comply with this title, including  , 
but not limited to  ,   all of the following  :
   (1) An adequate description of any property to be levied upon.
   (2) A statement whether the property is a dwelling.
   (3) If the property is a dwelling, whether it is real or personal
property.
   (4) The name of the judgment debtor. If the judgment debtor is
other than a natural person, the type of legal entity shall be
stated.
   (b) Subject to subdivision (c), the levying officer shall act in
accordance with the written instructions to the extent the actions
are taken in conformance with the provisions of this title.
   (c) Except to the extent the levying officer has actual knowledge
that the information is incorrect, the levying officer may rely on
any information contained in the written instructions.
   (d) The levying officer instructions may be transmitted
electronically to the levying officer pursuant to Chapter 2
(commencing with Section 263) of Title 4 of Part 1.
   (e) If the instructions directing the levying officer to perform a
levy are accompanied by a writ of  attachment  
execution for money, possession of personal or real property, or
sale of personal or real property  issued by the court as an
electronic record, as defined in subdivision  (k) 
 (b)  of Section 263.1, or a document printed from an
electronic record issued by the court, the instructions shall also
include all of the following information, as stated in the electronic
writ  or document printed from an electronic record issued by
the court  :
   (1) The date of issuance of the writ.
   (2) The name of the  defendant or defendants 
 debtor or debtors  whose property is subject to levy under
the writ.
   (3) The amount to be secured by the  attachment 
 execution  and the amount required to satisfy the money
judgment on the date the writ is issued or a description of the
property to be delivered pursuant to the judgment for possession to
the judgment creditor in satisfaction of the judgment.
   (4) A statement indicating that the accompanying writ is either of
the following:
   (A) An original writ not already in the possession of the levying
officer.
   (B) A copy of the  original  writ already in possession
of the levying officer.
   (f) Except to the extent the levying officer has actual knowledge
that the information in the electronic writ has been altered, the
levying officer may proceed in the same manner as if in possession of
a paper version of the writ. 
   (g) The court may issue, and the levying officer may accept, an
electronic writ only if they are technologically able to do so.