NOTARIAL FUNCTIONS OF THE CITY CLERK OPINION 86-4

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OPINION IQO. 86-4 September 24, 1986 Page three ------------------------------------------------------------------ (D) An identification card issued by any branch of the armed forces of tkie United States. (d) An officer who has taken an acknow- ledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. (e) Any party who files an action for dam- ages based on the failure of the officer to establish the proper identity of the person making the acknow- ledgment shall have the burden of proof in establishing the negligence of misconduct of the officer. ' Thereafter the clerk or the deputy clerk taking the ack- nowledgment of an instrument must endorse thereon or attach thereto a certificate as required by Section 1188 of the California Civil Code. Since the Clerk for the City of Santa Ana will primarily acknowledge instruments made by or on behalf of this municipal corporation, the following form is suggested pursuant to Section 1191 of the California Civil Code: State of California ) ss. County of Orange ) On this day of , in the year , before me [Janice C. Guy, Clerk of the Council] or , Deputy Clerk of the Council of the City of Santa Ana personally appeared (name of executor) , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as (title of executor or officer) of the City of Santa Ana and acknowledged to me that the City of Santa Ana executed it. CONCLUSION The City Clerk/Clerk of the Council and her deputies may acknowledge instruments made within the City of Santa Ana, as allowed by Civil Code ~§ 1181 and 1184.