Pursuant to Government Code §70629 the Clerk of the Court is authorized to sign documents on behalf of a party who is either unavailable or unwilling to sign those documents when so ordered by the Court. In San Luis Obispo Superior Court an administrative order designates the Assistant Court Executive Officer, Civil Operations Director or Civil Operations Manager to sign on behalf of the Clerk of the Court.
A court order is required. The order must be specific as to which documents are to be signed by the Clerk of the Court. Documents that the Court could order to be signed by the Clerk include, but are not limited to, the following:
- escrow instructions,
- interspousal transfer deeds,
- property management agreements, etc.
A declaration may be required if the order is contingent upon certain conditions being met.
After the Court has signed an order directing the Clerk of the Court to sign a document, the following procedure must be followed:
- Set an appointment with the Civil Operations Director, Kim Martin, or the Department Manager, Ginny Hall, in San Luis Obispo by calling 781-5237 or 781-5229 respectively. In the Paso Robles Branch contact Ginny Hall by calling 237-3075. (Please note for preparation of documents – official signatures are Kimberly Jo Martin and Doris M. Ginn Hall).
- Bring to the appointment the document(s) ordered signed along with a certified copy of the order authorizing signature attached to each document. Bring a declaration if the order was made contingent upon certain conditions being met. The declaration should contain facts sufficient to indicate whether the conditions of the Court’s have been met.
On the face of each document, the following language should be typed under the original signature line:
________________________ [space for Clerk’s signature]
By Susan Matherly, Executive Officer and Clerk of the Superior Court, County of San Luis Obispo, signed pursuant to court order dated [insert date] in the matter of [insert case name], Case No. _____________. By ___[type in Clerk’s official signature]__ Deputy Clerk
- On any recordable document, the Clerk’s signature must be notarized. The requesting party is responsible both for arranging to have a notary present at the time of signature and for any subsequent recording of the document.
- Applicable fees - $25.00 for each Clerk’s signature; $25.00 for certification of each court order; 50 c per page for copies of any court record.