AB 2165 — Electronic filing and service of documents.

Summary

Existing law authorizes a trial court to adopt local rules permitting electronic filing of documents, subject to specified conditions, including the conditions that if a document that is electronically filed in a civil action requires the signature of a person, not under penalty of perjury, the document is deemed to have been signed by the person who filed the document electronically and that any payment processing fee charged by the court, an electronic filing manager, or electronic filing service provider shall not exceed the costs incurred in processing the payment. Existing law authorizes a court to require electronic filing and service in civil actions, subject to rules adopted by the Judicial Council permitting mandatory electronic filing and service in specified civil actions, the conditions described above, and additional specified conditions, including the conditions that the court charge fees of no more than the actual cost of the electronic filing and service of the documents and that the court shall waive any fees charged if the court deems a waiver appropriate. This bill would instead provide that a document described above shall be deemed filed by the person who signed the document if either the filer is the signer of the document or the document has been signed pursuant to procedures established in the California Rules of Court. The bill would create additional conditions trial courts would be required to satisfy when adopting local rules permitting electronic filing of documents, as defined. The bill would require courts, electronic filing service providers, and electronic filing managers to send notices of receipt or rejection to parties or persons filing electronic documents, as specified. The bill would extend the statute of limitations for a cause of action asserted in a complaint or cross-complaint if a complaint or cross-complaint is rejected for filing, as specified. The bill would extend the condition that the court charge fees of no more than the actual cost of the electronic filing and service of the documents to actions in which electronic filing is permitted by local rule. The bill would require a court, electronic service provider, or electronic filing manager to waive fees for electronic filing if a party has been granted a fee waiver and to waive fees associated with electronic filing of specified types of documents, including a filing exempt from the payment of filing fees under any other law. The bill would prohibit an electronic filing service provider or an electronic filing manager from seeking payment of waived fees from the court. The bill would make technical and conforming changes. This bill would incorporate additional changes to Section 1010.6 of the Code of Civil Procedure proposed by SB 1146 to be operative only if this bill and SB 1146 are enacted and this bill is enacted last.

Bill Text

• Chaptered 09/28/20 - Chaptered Current pdf September 28, 2020
• Enrolled 09/04/20 - Enrolled pdf September 04, 2020
• Amended 08/26/20 - Amended Senate pdf August 26, 2020
• Amended 08/25/20 - Amended Senate pdf August 25, 2020
• Amended 07/07/20 - Amended Senate pdf July 07, 2020
• Amended 05/04/20 - Amended Assembly pdf May 04, 2020
• Introduced 02/11/20 - Introduced pdf February 11, 2020
• AB2165 View text html

Action History

1. September 28, 2020

   Chaptered by Secretary of State - Chapter 215, Statutes of 2020.

2. September 28, 2020

   Approved by the Governor.

3. September 15, 2020

   Enrolled and presented to the Governor at 3 p.m.

4. August 31, 2020

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5442.).

5. August 30, 2020

   In Assembly. Concurrence in Senate amendments pending.

6. August 30, 2020

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).

7. August 27, 2020

   Read second time. Ordered to third reading.

8. August 26, 2020

   Read third time and amended. Ordered to second reading.

9. August 26, 2020

   Read second time. Ordered to third reading.

10. August 25, 2020

    Read third time and amended. Ordered to second reading.

11. August 17, 2020

    Ordered to third reading.

12. August 17, 2020

    From Consent Calendar.

13. August 14, 2020

    Read second time. Ordered to Consent Calendar.

14. August 13, 2020

    From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

15. July 31, 2020

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (July 30). Re-referred to Com. on APPR.

16. July 07, 2020

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

17. June 23, 2020

    Referred to Com. on JUD.

18. June 09, 2020

    In Senate. Read first time. To Com. on RLS. for assignment.

19. June 08, 2020

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4726.)

20. June 03, 2020

    Read second time. Ordered to Consent Calendar.

21. June 02, 2020

    From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (June 2).

22. May 13, 2020

    Coauthors revised.

23. May 12, 2020

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (May 11). Re-referred to Com. on APPR.

24. May 05, 2020

    Re-referred to Com. on JUD.

25. May 04, 2020

    From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

26. March 17, 2020

    In committee: Hearing postponed by committee.

27. March 12, 2020

    In committee: Hearing postponed by committee.

28. February 20, 2020

    Referred to Com. on JUD.

29. February 12, 2020

    From printer. May be heard in committee March 13.

30. February 11, 2020

    Read first time. To print.

Sponsors

• Robert Rivas · Primary
• Eggman · Cosponsor
• Robert Garcia · Cosponsor
• Mia Bonta · Cosponsor

Votes

Subjects