Amended in Assembly March 25, 2015

Amended in Assembly March 17, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 432

Introduced by Assembly Member Chang

(Coauthors: Assembly Members Maienschein begin insert , Obernolte, end insert and Patterson)

February 19, 2015

An act to amend begin delete Sections 17, 581d, 582, and 1003 end delete begin insert Section 17 end insert of begin insert , and to add Section 34 to, end insert the Code of Civil Procedure, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 432, as amended, Chang. Civil procedure: electronic signatures.

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(1) Existing

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begin insert Existing end insert 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 begin delete provide that the terms “signature” or “subscription” would also include an electronic signature, defined as end delete begin insert include “electronic signature” to the list of defined terms, and would define it to mean end insert 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. begin insert The bill would also provide that an electronic signature by a court or judicial officer would be as effective as an original signature. end insert

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(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.

end delete begin delete

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.

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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 used in the masculine
gender include the feminine and neuter. The singular number
includes the plural and the plural number includes the singular.

(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.”

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(3) “Electronic signature” means 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.

end insert begin delete

(3)

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begin insert (4) end insert  “Month” means a calendar month, unless otherwise
expressed.

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(4)

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begin insert (5) end insert  “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.

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(5)

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begin insert (6) end insert  “Person” includes a corporation as well as a natural person.

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(6)

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begin insert (7) end insert  “Process” signifies a writ or summons issued in the course
of a judicial proceeding.

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(7)

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begin insert (8) end insert  “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.

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(8)

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begin insert (9) end insert  “Section” refers to a section of this code, unless some other
code or statute is expressly mentioned.

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(9)

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begin insert (10) end insert  “Sheriff” includes marshal.

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(10)

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begin insert (11) end insert  “Signature” or “subscription” includes begin delete both of the
following: end delete begin insert a end insert begin insert 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. end insert

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(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)

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begin insert (12) end insert  “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.

begin delete

(12)

end delete

begin insert (13) end insert  “Will” includes codicil.

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(13)

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begin insert (14) end insert  “Writ” means an order or precept in writing, issued in the
name of the people, or of a court or judicial officer.

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(14)

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begin insert (15) end insert  “Writing” includes printing and typewriting.

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SEC. 2.  

Section 581d of the Code of Civil Procedure is
amended to read:

581d.  

(a) A written dismissal of an action shall be entered in
the clerk’s register and is effective for all purposes when so entered.

(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 shall
constitute judgments that are effective for all purposes. An
electronic signature by the court shall be effective as an original
signature. The clerk shall note the judgments in the register of
actions in the case.

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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.

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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.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 34 is added to the end insert begin insert Code of Civil Procedure end insert begin insert , to
read: end insert

begin insert

begin insert 34. end insert   

An electronic signature, as defined in Section 17, by a court
or judicial officer shall be as effective as an original signature.

end insert