What is AB 2791?

Updated 10/17/24

AB 2791 is a newly introduced California bill designed to modernize and simplify the eviction process, along with other civil court procedures. This bill, which will go into effect on January 1, 2024, mandates that marshals and sheriffs accept electronically signed notices and court documents related to civil cases, including evictions. AB 2791 brings significant changes to the way legal documents are processed, making it easier and more accessible for landlords, litigants, and other parties involved in civil court actions.

In this article, we’ll dive into the specifics of AB 2791, explore the reasons behind the bill, and discuss how it will impact landlords and other parties who frequently deal with eviction proceedings.

The Purpose of AB 2791

Currently, many counties in California require civil notices and court documents, including eviction orders, to bear a physical or “wet” signature. This can be inconvenient and create delays, especially for landlords, rural litigants, and individuals with limited access to resources. AB 2791 aims to solve this issue by allowing electronically signed documents to be accepted by sheriffs and marshals in civil actions.

By making this change, AB 2791 is designed to streamline the eviction process and civil litigation, offering more flexibility for those involved in legal proceedings. It is expected to be particularly beneficial for low-income and rural communities, where access to legal services can be limited.

Key Provisions of AB 2791

There are several key components of AB 2791 that landlords, tenants, and other litigants should be aware of:

1. Acceptance of Electronic Signatures: One of the most significant changes introduced by AB 2791 is the requirement for marshals and sheriffs to accept electronically signed court documents. This change makes it much easier to submit legal paperwork, especially for those who may not have the means or time to obtain a physical signature from a judge or court official. This provision is expected to speed up the process of filing and serving eviction notices, improving access to justice for landlords and tenants alike.
2. New Prohibitions for Marshals and Sheriffs: Under AB 2791, sheriffs and marshals are prohibited from reviewing the content of legal notices or documents if they meet specific criteria:
   • The document contains a valid case number.
   • The document lists the name, description, and address of the individual to be served.
   • The notice or order includes a signature from a judge along with the court’s seal or endorsement.
   • The proper statewide form has been completed.
   This provision helps ensure that marshals and sheriffs do not overstep their roles and limits their involvement to processing and serving the documents, without making judgments about the content.
3. Statewide Form Requirement: To accompany the changes brought by AB 2791, the bill directs the Judicial Council of California to create a new statewide form that must be used in civil proceedings to request the services of a marshal or sheriff. This form is expected to be available by January 1, 2024. The form will standardize how requests are made and processed across the state, making the system more uniform and user-friendly.

How Will AB 2791 Impact Landlords?

For landlords, especially those who are managing rental properties across different counties in California, the introduction of AB 2791 is a welcome change. The bill simplifies the process of serving eviction notices, which is often one of the most cumbersome parts of managing rental properties. Here’s how it will impact landlords specifically:

• Quicker Eviction Processes: By allowing electronic signatures and streamlining the submission process, landlords can serve eviction notices more quickly. This could potentially shorten the time it takes to address non-payment of rent or other lease violations.
• Cost Savings: The ability to submit documents electronically means landlords will save time and money, particularly when it comes to mailing or physically transporting paperwork to courthouses or marshals.
• Improved Accessibility for Rural and Low-Income Landlords: Landlords in rural areas often face logistical challenges when dealing with legal proceedings. AB 2791 helps bridge that gap by making the eviction notice process more accessible through digital means, which benefits both landlords and tenants in underserved areas.

What Does AB 2791 Mean for Tenants?

While AB 2791 primarily targets making the eviction process more efficient for landlords, tenants may also benefit from the bill’s provisions. Faster processing times for notices means that tenants will receive official documentation more quickly, which in turn gives them more time to respond or seek legal assistance. It also ensures that all parties, including tenants, are kept informed about the legal process without unnecessary delays.

Additionally, tenants in rural or low-income areas may benefit from the improved access to services. When landlords can efficiently serve notices and navigate the court system, tenants are more likely to receive fair and timely handling of their cases.

Why AB 2791 Is Important

The introduction of AB 2791 is part of a broader effort to modernize California’s legal system, making it more accessible and efficient. The reliance on physical, wet signatures in civil actions has long been seen as a barrier, particularly in an age where electronic documentation is the norm in many industries. By allowing marshals and sheriffs to accept electronically signed notices, AB 2791 helps to close the gap between legal processes and modern technology.

For landlords, this means a significant reduction in administrative burdens and fewer delays in legal proceedings. For tenants, it means clearer and faster communication about eviction proceedings and their rights. Overall, AB 2791 is expected to bring positive changes for both parties involved in civil court actions.

Final Thoughts on AB 2791

As AB 2791 takes effect on January 1, 2024, landlords, tenants, and legal professionals alike should prepare for the transition to electronic signatures and forms in civil litigation. By streamlining processes and ensuring greater access to justice, AB 2791 will modernize California’s eviction and civil litigation system, benefiting all parties involved.

If you are a landlord or tenant with questions about how AB 2791 will impact you, it’s important to consult with a legal professional to ensure you are ready for the changes coming in 2024.