Quote:
Originally posted by Spanky
I realize the definition of an e signature is vague. But I don't think these signatures qualify as E - signatures. An E-signature seems to imply that the person intended to sign the document using an electronic method. Like using an electronic pen, or clicking on some button where they are asked if they intend to sign the document.
The signatures I am referring to are not really that. It is similar to if somone took a document signed by someone, xeroxed it, cut out that signature and then glued the cut out signature onto the pleading document and then filed it.
That is what we have here except it was done electronically. This signature was copied from another document, put in a jpeg (or something similar) form and then pasted on this pleading. You can tell this not only because the signatures are an exact match, but there are little dots behind the signatures that create a perfect rectangle around the signature showing that it was copied from another document.
There is absolutely no evidence that the person whose signature is on the document ever saw the document. Any person with a document with this persons signature on it could have done this. They could have just scanned it in, copied it and pasted it. I think the clear intention of the courts was that these forms be filled out on the computer, then printed and then signed. Not have a signature copied from another document and then that sigature be pasted onto the document and then printing out the document.
The original document was not signed.
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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.
