ELECTRONIC TRANSACTIONS
Cal. CIV § 1633.3
California Statutes
(
a) Except as otherwise provided in subdivisions (
b) and (c), this title applies to electronic records and electronic signatures relating to a transaction. (
b) This title does not apply to transactions subject to any of the following laws:
(1) A law governing the creation and execution of wills, codicils, or testamentary trusts.
(2) Division 1 (commencing with
Section 1101) of the Uniform Commercial Code, except Sections and 1306.
(3) Divisions 3 (commencing with
Section 3101), 4 (commencing with
Section 4101), 5 (commencing with
Section 5101), 8 (commencing with
Section 8101), 9 (commencing with
Section 9101), and 11 (commencing with
Section 11101) of the Uniform Commercial Code.
(4) A law that requires that specifically identifiable text or disclosures in a record or a portion of a record be separately signed, including initialed, from the record. However, this paragraph does not apply to
Section or of this code or
Section of the Code of Civil Procedure. (
c) This title does not apply to any specific transaction described in
Section 17511.5 of the Business and Professions Code,
Section 798.14, 1133, or of,
Section 1689.6, 1689.7, or 1689.13 of,
Chapter 2.5 (commencing with
Section 1695) of Title of Part of Division of,
Section 1720, 1785.15, 1789.14, 1789.16, or 1793.23 of,
Chapter 1 (commencing with
Section 1801) of Title of Part of Division of,
Section 1861.24, 1862.5, 1917.712, 1917.713, 1950.6, 1983, 2924b, 2924c, 2924f, 2924i, 2924j, 2924.3, or of,
Article 1.5 (commencing with
Section 2945) of
Chapter of Title of Part of Division of,
Section 2954.5 or of,
Chapter 2b (commencing with
Section 2981) or 2d (commencing with
Section 2985.7) of Title of Part of Division of,
Section 3071.5 of,
Part 5 (commencing with
Section 4000) of Division of, or
Part 5.3 (commencing with
Section 6500) of Division of, this code, subdivision (
b) of
Section or
Section of the Financial Code,
Section 1358.15, 1365, 1368.01, 1368.1, 1371, or 18035.5 of the Health and Safety Code,
Section as it applies to individual and group disability policies, 10199.44, 10199.46, 10235.16, 10235.40, 11624.09, or 11624.1 of the Insurance Code,
Section 779.1, 10010.1, or of the Public Utilities Code, or
Section or of the Vehicle Code. An electronic record may not be substituted for any notice that is required to be sent pursuant to
Section of the Code of Civil Procedure. This subdivision does not prohibit the recordation of any document with a county recorder by electronic means. (
d) This title applies to an electronic record or electronic signature otherwise excluded from the application of this title under subdivision (
b) when used for a transaction subject to a law other than those specified in subdivision (b). (
e) A transaction subject to this title is also subject to other applicable substantive law. (
f) The exclusion of a transaction from the application of this title under subdivision (
b) or (
c) shall be construed only to exclude the transaction from the application of this title, but shall not be construed to prohibit the transaction from being conducted by electronic means if the transaction may be conducted by electronic means under any other applicable law. (
g) Notwithstanding subdivisions (
b) and (c), this title shall apply to electronic records and electronic signatures relating to transactions conducted by a person licensed, certified, or registered pursuant to the Alarm Company Act (Chapter 11.6 (commencing with