AB 432, as introduced, Chang. Civil procedure: electronic signatures.
(1) Existing law provides definitions for particular terms used within the Code of Civil Procedure, including the terms “signature” or “subscription,” which are defined to include a mark of a person, when the person cannot write, with his or her name being written near it by a person who writes his or her own name as a witness, as specified.
This bill would provide that the terms “signature” or “subscription” would also include an electronic signature, defined as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.
(2) Existing law provides, in a dismissal of an action by a court, that the court is required to sign a written order and file the order in the action, which constitutes a judgment that is effective for all purposes. In all other cases, existing law provides that judgment is required to be rendered on the merits.
This bill would require all judgments to be signed by the court, and would provide that an electronic signature is effective as an original signature.
The bill also would include technical changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 17 of the Code of Civil Procedure is
2amended to read:
(a) Words used in this code in the present tense include
4the future as well as thebegin delete present; wordsend deletebegin insert present. Wordsend insert used in the
5masculine gender include the feminine andbegin delete neuter; theend deletebegin insert neuter. Theend insert
6 singular number includes the plural and the pluralbegin insert number includesend insert
7 thebegin delete singular; the word “person” includes a corporation as well as
8a natural person; the word “county” includes “city and county”;
9writing includes printing and typewriting; oath includes affirmation
10or declaration; and every mode of oral statement, under oath or
11affirmation, is embraced by the term “testify,” and every written
12one in the term “depose”; signature or subscription
includes mark,
13when the person cannot write, his or her name being written near
14it by a person who writes his or her own name as a witness;
15provided, that when a signature is by mark it must, in order that
16the same may be acknowledged or may serve as the signature to
17any sworn statement, be witnessed by two persons who must
18subscribe their own names as witness thereto.end delete
19(b) The following words have in this code the signification
20attached to them in this section, unless otherwise apparent from
21the context:
22(1) The word “property” includes both real and personal
23property.
24(2) The words “real property” are coextensive with lands,
25tenements, and hereditaments.
26(3) The words “personal property” include money, goods,
27chattels, things in action, and evidences of debt.
28(4) The word “month” means a calendar month, unless otherwise
29expressed.
30(5) The word “will” includes codicil.
31(6) The word “writ” signifies an order or precept in writing,
32issued in the name of the people, or of a court or judicial officer,
33and the word “process” signifies a writ or summons issued in the
34course of judicial proceedings.
P3 1(7) The word “state,” when applied to the different parts of the
2United States, includes the District of Columbia and the territories,
3and the words “United States” may include the district and
4territories.
5(8) The word “section,” whenever hereinafter employed, refers
6to a section of this code, unless some other code or statute is
7expressly mentioned.
8(9) The word “affinity,” when applied to the marriage relation,
9signifies the connection existing in consequence of marriage,
10between each of the married persons and
the blood relatives of the
11other.
12(10) The word “sheriff” shall include “marshal.”
end delete
13(b) As used in this code, the following words have the following
14meanings, unless otherwise apparent from the context:
15(1) “Affinity” signifies the connection existing in consequence
16of marriage, between each of the married persons and the blood
17relatives of the other when applied to the marriage relation.
18(2) “County” includes “city and county.”
end insertbegin insert
19(3) “Month” means a calendar month, unless otherwise
20expressed.
21(4) “Oath” includes an affirmation or declaration.
end insertbegin insert
22(A) “Depose” includes any written statement made under oath
23or affirmation.
24(B) “Testify” includes any mode of oral statement made under
25oath or affirmation.
26(5) “Person” includes a corporation as well as a natural person.
end insertbegin insert
27(6) “Process” signifies a writ or summons issued in the course
28of a judicial proceeding.
29(7) “Property” includes both personal and real property.
end insertbegin insert
30(A) “Personal property”
includes money, goods, chattels, things
31in action, and evidences of debt.
32(B) “Real property” is coextensive with lands, tenements, and
33hereditaments.
34(8) “Section” refers to a section of this code, unless some other
35code or statute is expressly mentioned.
36(9) “Sheriff” includes marshal.
end insertbegin insert
37(10) “Signature” or “subscription” includes both of the
38following:
39(A) An electronic signature, which is an electronic sound,
40symbol, or process attached to or logically associated with an
P4 1electronic record and executed or adopted by a person with the
2intent to sign the electronic record.
3(B) A mark of a person’s name, if the person cannot
write, with
4his or her name being written near it by a person who writes his
5or her own name as a witness. In order that a mark may be
6acknowledged or serve as the signature to any sworn statement,
7it shall be witnessed by two persons who shall subscribe their own
8names as witnesses thereto.
9(11) “State” includes the District of Columbia and the territories
10when applied to the different parts of the United States, and the
11words “United States” may include the district and territories.
12(12) “Will” includes codicil.
end insertbegin insert
13(13) “Writ” means an order or precept in writing, issued in the
14name of the people, or of a court or judicial officer.
15(14) “Writing” includes printing and typewriting.
end insertSection 581d of the Code of Civil Procedure is
17amended to read:
begin deleteA end deletebegin insert(a)end insertbegin insert end insertbegin insertA end insertwritten dismissal of an action shall be entered
19in the clerk’s register and is effective for all purposes when so
20entered.
21 All
end delete
22begin insert(b)end insertbegin insert end insertbegin insertAllend insert
dismissals ordered by the court shall be in the form of a
23written order signed by the court and filed in the actionbegin insert,end insert andbegin delete those shall constitute judgments
24orders when so filedend deletebegin delete and beend deletebegin insert that areend insert
25 effective for allbegin delete purposes, and theend deletebegin insert purposes. An electronic signature
26by the court shall be effective as an original signature. Theend insert clerk
27shall notebegin delete thoseend deletebegin insert
theend insert judgments in the register of actions in the case.
Section 582 of the Code of Civil Procedure is amended
29to read:
In all other cases judgment shall be rendered on the merits.
31begin insert The judgment shall be signed by the court. An electronic signature
32by the court shall be effective as an original signature.end insert
Section 1003 of the Code of Civil Procedure is
34amended to read:
begin insert(a)end insertbegin insert end insert Every direction of a court or judge, made or entered
36in writing, and not included in a judgment, is denominated an
37order. An application for an order is a motion.
P5 1(b) If any provision of this code requires the court to sign an
2order, an electronic signature shall be effective as an original
3signature.
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