California Law (Last Updated: March 4, 2014) |
Civil Code - CIV |
Division 2. PROPERTY |
Part 4. ACQUISITION OF PROPERTY |
Title 4. TRANSFER |
Chapter 4. Recording Transfers |
ARTICLE 3. Proof and Acknowledgment of Instruments |
Section 1198.
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The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases:
1. When the parties and all the subscribing witnesses are dead; or,
2. When the parties and all the subscribing witnesses are non-residents of the State; or,
3. When the place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence; or,
4. When the subscribing witness conceals himself, or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or,
5. In case of the continued failure or refusal of the witness to testify, for the space of one hour, after his appearance.