California Commercial Code. California
the other.
(c) When either of these officers is a party, and there is a vacancy in the office of the other, or where it appears, by affidavit, to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice, or other cause would not act promptly or impartially.
262.9. When process is delivered to an elisor, he shall execute and return it in the same manner as the sheriff is required to execute similar process.
262.10. Whenever process is executed, or any act performed by a coroner or elisor, he shall receive a reasonable compensation, to be fixed by the court, to be paid by the plaintiff in case of the summoning of jurors to complete the panel, and by the person or party requiring the service in all other cases in private action. If rendered at the instance of the people, it shall be audited and paid as a county charge.
262.11. In all cases where new counties have been or may hereafter be created, and executions, orders of sale upon foreclosures of mortgages, or other process affecting specific real estate have been or may hereafter be adjudged by the final judgment or decree of a court of competent jurisdiction, to be executed by the sheriff of the county in which such real estate was originally situated, such process may be executed by the sheriff of the new county in which such real estate is found to be situated, with the like effect as if he were the sheriff of the county designated in the judgment, decree, or order of sale to execute the same.
CHAPTER 2
LEVYING OFFICER ELECTRONIC TRANSACTIONS ACT
263. (a) This chapter may be cited as the Levying Officer Electronic Transactions Act.
(b) The Legislature finds and declares that modern technologies offer alternatives to paper-based systems and provide the means to create, store, retrieve, and transmit records and documents in electronic form resulting in increased efficiency, taxpayer savings, and improved public access to levying officers. It is the intent of the Legislature in enacting this act to accommodate current and future technologies based on industry standards.
(c) Nothing in this chapter shall be construed to require a court or levying officer to comply with any of its provisions unless the court and the levying officer have (1) jointly determined that both the court and the sheriff's department have the resources and the technological capacity to do so, and (2) have mutually agreed to electronically act upon documents as provided in this chapter.
263.1. As used in this chapter, the following terms have the following definitions:
(a) "Electronic mail" or "e-mail" means an electronic message that is sent to an e-mail address and transmitted between two or more telecommunications devices, computers, or electronic devices capable of receiving electronic messages through a local, regional, or global computer network, whether or not the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval.
(b) "Electronic record" means a document or record created, generated, sent, communicated, received, or stored by electronic means.
(c) "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.
(d) "Fax" is an abbreviation for "facsimile" and refers, as indicated by the context, to a facsimile transmission or to a document so transmitted.
(e) "Fax machine" means a machine that can send and receive a facsimile transmission using industry standards and includes a fax modem connected to a computer.
(f) "Fax transmission" means the electronic transmission and reconstruction of a document that prints a duplicate of the original document at the receiving end. "Fax transmission" includes, but is not limited to, the use of a facsimile machine or the process of integrating an electronic fax software application to automate the sending and receiving of a faxed document as an electronic record, in portable data format, by e-mail or similar electronic means.
(g) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, retrieving, or processing information, but does not include a fax machine.
(h) "Instructions" and "levying officer instructions" mean a written request to a levying officer to serve process, perform a levy, execute an arrest warrant, or perform some other act.
(i) "Legal entity" means the legal form of an artificial person and includes a corporation, defunct corporation, unincorporated association, partnership, public agency, limited liability company, joint stock company or association, and limited liability partnership.
(j) "Levying officer" means the sheriff or marshal acting as a ministerial officer pursuant to Section 26608 of the Government Code.
(k) "Record" means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form.
(l) "Transmission record" means the electronic record or document printed by the sending fax machine, stating the telephone number of the receiving fax machine, the number of pages sent, the transmission time and date, and an indication of any errors in transmission.
263.2. (a) A levying officer may utilize an information processing system to create, generate, send, receive, store, display, retrieve, or process information, electronic records, and documents when based on industry standards and only to the extent that the levying officer has the resources and technological capacity to do so.
(b) If a technical problem with the levying officer's system prevents the levying officer from receiving an electronic transmission during regular business hours on a particular court day, and the electronic sender demonstrates an attempt to electronically transmit the document on that day, the levying officer shall deem the document or record as filed on that day.
263.3. Whenever the fax transmission of a document or record to a levying officer is authorized pursuant to this chapter, all of the following shall apply:
(a) A levying officer may act upon an electronic record or document transmitted by a facsimile machine in the same manner as the paper record or document upon which the electronic record or document is based.
(b) A facsimile cover sheet shall accompany the faxed record or document and include all of the following information:
(1) The name of the sender.
(2) The fax number of the sender.
(3) The name of the levying officer.
(4) The fax number of the levying officer.
(5) A description of the record or document, including its name, if any, and the number of pages.
(6) A statement directing the recipient of the faxed document or record to fax to the sender a confirmation, if true, that the fax was properly received.
(c) A person authorized to fax a record or document to the levying officer pursuant to this chapter shall do all of the following:
(1) Retain the paper version of the record or document.
(2) Print or otherwise retain a transmission record of the fax transmission.
(3) Deliver the paper version of the record, document, or transmission record to the levying officer within five days after a request to do so has been mailed to the sender by the levying officer.
(d) The levying officer shall retain the facsimile cover sheet together with the faxed record or document.
(e) The levying officer may electronically copy and store the printed cover sheet, record, or document as an electronic record.
263.4. (a) A levying officer may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper record or document upon which the electronic record is based.
(b) An electronic record transmitted to a levying officer shall be accompanied by all of the following information:
(1)