Quote:
Originally posted by Atticus Grinch
When facing an essentially legal question, I sometimes like to consult the law. In this case, Cal. Gov't Code Sections 16 and 16.5.
Doing so shows that a JPEG likely doesn't qualify as a digital signature.
But does Spanky want to pay his attorney to file a motion for relief from default? That seems like starting off the litigation from a position of weakness, and I advise against that.
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Thanks for the info:
It is clear from section 16.5 that this signature doesn't qualify as a digital signature under California law. There are five requirements, all of which have to met, and the jpeg does not seem to pass any of the requirements.
The use of a digital signature shall have the same force
and effect as the use of a manual signature if and only if it
embodies all of the following attributes:
(1) It is unique to the person using it.
(2) It is capable of verification.
(3) It is under the sole control of the person using it.
(4) It is linked to data in such a manner that if the data are
changed, the digital signature is invalidated.
(5) It conforms to regulations adopted by the Secretary of State.
I talk to a retired judge today and he told me to contact the state bar. So that is what I am going to do.
But it is clear, under the law, the pleading was not signed by an attorney.
And I am not paying an attorney to do anything, I do have a license to practice in California and I intend to use it.
