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Old 07-09-2008, 10:46 PM   #11
ltl/fb
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Join Date: Mar 2003
Location: Flyover land
Posts: 19,042
Quote:
Originally posted by Spanky
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.
It seems like this fulfills requirements 1, 2 and 4 as well as an actual ink signature would. I'm not sure about 3, and since you didn't tell us about the regulations, I guess we will never know if it meets 5.

But you are an insane person, and annoying, and so deserve to get smacked in the head for this. Employees who try to get all super-technical on stuff, and "outsmart" the system or what have you, never get what they ask for and generally get dismissed out of hand. For something this stupid and non-substantive, I would doubt that the governing body is going to give a shit either. They are probably worried a lot more about unlicensed practice of law, failure to fulfill CLE requirements, real and actual ethical violations like stealing money from clients, and stuff like that.

Did you make this up and post about it just to convince us you are an annoying little shit? I am starting to think you gave your login over to Penske.

Though, I guess you were in real estate and so all the mortgage stuff might have fucked with your income and stuff, so maybe you are taking the frustrations of that out on everything else.
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