BILL NUMBER: AB 432 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Chang
FEBRUARY 19, 2015
An act to amend Sections 17, 581d, 582, and 1003 of the Code of
Civil Procedure, relating to civil procedure.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 17 of the Code of Civil Procedure is amended to
read:
17. (a) Words used in this code in the present tense include the
future as well as the present; words present.
Words used in the masculine gender include the feminine and
neuter; the neuter. The singular number
includes the plural and the plural number includes the
singular; the word "person" includes a corporation as well
as a natural person; the word "county" includes "city and county";
writing includes printing and typewriting; oath includes affirmation
or declaration; and every mode of oral statement, under oath or
affirmation, is embraced by the term "testify," and every written one
in the term "depose"; signature or subscription includes mark, when
the person cannot write, his or her name being written near it by a
person who writes his or her own name as a witness; provided, that
when a signature is by mark it must, in order that the same may be
acknowledged or may serve as the signature to any sworn statement, be
witnessed by two persons who must subscribe their own names as
witness thereto. singular.
(b) The following words have in this code the signification
attached to them in this section, unless otherwise apparent from the
context:
(1) The word "property" includes both real and personal property.
(2) The words "real property" are coextensive with lands,
tenements, and hereditaments.
(3) The words "personal property" include money, goods, chattels,
things in action, and evidences of debt.
(4) The word "month" means a calendar month, unless otherwise
expressed.
(5) The word "will" includes codicil.
(6) The word "writ" signifies an order or precept in writing,
issued in the name of the people, or of a court or judicial officer,
and the word "process" signifies a writ or summons issued in the
course of judicial proceedings.
(7) The word "state," when applied to the different parts of the
United States, includes the District of Columbia and the territories,
and the words "United States" may include the district and
territories.
(8) The word "section," whenever hereinafter employed, refers to a
section of this code, unless some other code or statute is expressly
mentioned.
(9) The word "affinity," when applied to the marriage relation,
signifies the connection existing in consequence of marriage, between
each of the married persons and the blood relatives of the other.
(10) The word "sheriff" shall include "marshal."
(b) As used in this code, the following words have the following
meanings, unless otherwise apparent from the context:
(1) "Affinity" signifies the connection existing in consequence of
marriage, between each of the married persons and the blood
relatives of the other when applied to the marriage relation.
(2) "County" includes "city and county."
(3) "Month" means a calendar month, unless otherwise expressed.
(4) "Oath" includes an affirmation or declaration.
(A) "Depose" includes any written statement made under oath or
affirmation.
(B) "Testify" includes any mode of oral statement made under oath
or affirmation.
(5) "Person" includes a corporation as well as a natural person.
(6) "Process" signifies a writ or summons issued in the course of
a judicial proceeding.
(7) "Property" includes both personal and real property.
(A) "Personal property" includes money, goods, chattels, things in
action, and evidences of debt.
(B) "Real property" is coextensive with lands, tenements, and
hereditaments.
(8) "Section" refers to a section of this code, unless some other
code or statute is expressly mentioned.
(9) "Sheriff" includes marshal.
(10) "Signature" or "subscription" includes both of the following:
(A) An electronic signature, which is 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.
(B) A mark of a person's name, if 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. In order that a mark may be acknowledged
or serve as the signature to any sworn statement, it shall be
witnessed by two persons who shall subscribe their own names as
witnesses thereto.
(11) "State" includes the District of Columbia and the territories
when applied to the different parts of the United States, and the
words "United States" may include the district and territories.
(12) "Will" includes codicil.
(13) "Writ" means an order or precept in writing, issued in the
name of the people, or of a court or judicial officer.
(14) "Writing" includes printing and typewriting.
SEC. 2. Section 581d of the Code of Civil Procedure is amended to
read:
581d. A (a) A
written dismissal of an action shall be entered in the clerk's
register and is effective for all purposes when so entered.
All
(b) All dismissals ordered by the
court shall be in the form of a written order signed by the court
and filed in the action , and those orders when
so filed shall constitute judgments and be
that are effective for all purposes,
and the purposes. An electronic signature by the court
shall be effective as an original signature. The clerk shall
note those the judgments in the
register of actions in the case.
SEC. 3. Section 582 of the Code of Civil Procedure is amended to
read:
582. In all other cases judgment shall be rendered on the merits.
The judgment shall be signed by the court. An
electronic signature by the court shall be effective as an original
signature.
SEC. 4. Section 1003 of the Code of Civil Procedure is amended to
read:
1003. (a) Every direction of a court or
judge, made or entered in writing, and not included in a judgment, is
denominated an order. An application for an order is a motion.
(b) If any provision of this code requires the court to sign an
order, an electronic signature shall be effective as an original
signature.