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07-09-2008, 10:46 PM
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#16
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Registered User
Join Date: Mar 2003
Location: Flyover land
Posts: 19,042
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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.
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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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07-09-2008, 10:55 PM
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#17
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,147
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Quote:
Originally posted by Adder
Not my area, but does it have to qualify as a digital signature? If the attorney authorized it to be "signed" in this way, what is your beef? How is it different from having his secretary sign his name for him (which happens all the time)? What good does contacting the state bar do? How are they going to affect your case one way or the other?
The thing at always frustrates me when I am involved in "actual" litigation (most of what I do is quasi-litigation sort of stuff that doesn't involve a court or arbitral panel), is the petty bullshit people pull of things that shouldn't be controversial. As if it is all one big game of gotcha, and they can make up for the complete failute to produce any emails as long as they show that you refused to respond (after objecting) to the same interrogatories that you sent them.
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say if spanky files a motion to strike the pleading because it wasn't properly signed..... odds are really good you cause the judge to blow a gasket. he'll be pissed he has to read a word for such a nonsense reason. Spank- do you think the document is forged? the judge will be pissed. you can't do much. best you can do is wait until you are in chambers and make some passive aggressive complaint, but I wouldn't even think about any motion to do anything.
what would the state bar do? suspend him for a non signature?
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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07-09-2008, 10:57 PM
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#18
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,147
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Quote:
Originally posted by ltl/fb
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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real good points.
by the way, I'm thinking the spanky board could benefit by being "invitation only" iykwimaittyd.
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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07-09-2008, 11:04 PM
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#19
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For what it's worth
Join Date: Feb 2005
Location: With Thumper
Posts: 6,793
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Quote:
Originally posted by Buck
2!
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A spanky board could be fun. The apricots are coming in big this year. I have told everyone I know that likes apricots to come over here and pick as many as they want (along with all my parents and sisters friends). Slave and Sidd you are welcome to come here any time to pick some (or any other bay area person on this board). There have been at least thirty people here and they haven't even picked half the apricots.
The gardners have been picking them and selling them at the farmers market here, but there are more apricots than they can sell.
All the birds eggs around here seemed to have hatched because the diveboming birds are back. Every time a cat goes out my door they get attacked. They hide under the patio furniture and the bushes to get away from the birds. They have managed to take down guite a few of the birds (and leaving the corpses right in front of the door) but that doesn't stop the other ones from their constant vigilence and attacks.
I was thinking that this sort of activity is where Hitchcock got his inspiration for "The Birds".
Last edited by Spanky; 07-09-2008 at 11:06 PM..
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07-09-2008, 11:12 PM
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#20
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,147
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Quote:
Originally posted by Spanky
A spanky board could be fun. The apricots are coming in big this year. I have told everyone I know that likes apricots to come over here and pick as many as they want (along with all my parents and sisters friends). Slave and Sidd you are welcome to come here any time to pick some (or any other bay area person on this board). There have been at least thirty people here and they haven't even picked half the apricots.
The gardners have been picking them and selling them at the farmers market here, but there are more apricots than they can sell.
All the birds eggs around here seemed to have hatched because the diveboming birds are back. Every time a cat goes out my door they get attacked. They hide under the patio furniture and the bushes to get away from the birds. They have managed to take down guite a few of the birds (and leaving the corpses right in front of the door) but that doesn't stop the other ones from their constant vigilence and attacks.
I was thinking that this sort of activity is where Hitchcock got his inspiration for "The Birds".
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how many parents do you have?
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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07-09-2008, 11:15 PM
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#21
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For what it's worth
Join Date: Feb 2005
Location: With Thumper
Posts: 6,793
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Quote:
Originally posted by Adder
Not my area, but does it have to qualify as a digital signature? If the attorney authorized it to be "signed" in this way, what is your beef? How is it different from having his secretary sign his name for him (which happens all the time)? What good does contacting the state bar do? How are they going to affect your case one way or the other?
The thing at always frustrates me when I am involved in "actual" litigation (most of what I do is quasi-litigation sort of stuff that doesn't involve a court or arbitral panel), is the petty bullshit people pull of things that shouldn't be controversial. As if it is all one big game of gotcha, and they can make up for the complete failute to produce any emails as long as they show that you refused to respond (after objecting) to the same interrogatories that you sent them.
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This is personal. I am having a dispute with my credit card company over the interest they have charged. I won't pay them until they readjust the interest rate. They sent the bill to a collections agency who kept calling me and harassing me so I sent them a notice saying that couldn't call me any more. So they sued. But I believe the suit is a bluff. They are in San Diego, and they had to sue me up here, and the filing was a simple form to fill out.
I think they believe that once they filed that I would buckle.
But I am going to call their bluff, and answer the petition and once they get my response they will be forced to decide whether to get involved in litigation six hundred miles from their firm. And as they are a collection agency I don't think they even have litigators.
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07-09-2008, 11:17 PM
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#22
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For what it's worth
Join Date: Feb 2005
Location: With Thumper
Posts: 6,793
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Quote:
Originally posted by Hank Chinaski
how many parents do you have?
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2
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07-09-2008, 11:34 PM
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#23
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,147
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Quote:
Originally posted by Spanky
This is personal. I am having a dispute with my credit card company over the interest they have charged. I won't pay them until they readjust the interest rate. They sent the bill to a collections agency who kept calling me and harassing me so I sent them a notice saying that couldn't call me any more. So they sued. But I believe the suit is a bluff. They are in San Diego, and they had to sue me up here, and the filing was a simple form to fill out.
I think they believe that once they filed that I would buckle.
But I am going to call their bluff, and answer the petition and once they get my response they will be forced to decide whether to get involved in litigation six hundred miles from their firm. And as they are a collection agency I don't think they even have litigators.
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i just had this sort for a client/friend. he has a side business that sued in small claims. the guy he sued appears with a lawyer and removes to a court one step above small claims. what do i know? i agree to help, in part so one of my young guys can get some experience in running a discovery. i figure they were bluffing thinking my guy would blink once he had to hire a lawyer. so i did my patented phone call "umm, i'm a fed litigator, but this is cool. i will put two of my new lawyers on it and let them make mistakes, burn paper. i apologize that you'll get buried in discovery, but they don't know from restraint, and i can't review because i'm doing it for free." the guy says "there is no discovery in this level." egg on face. but they did settle eventually.
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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07-09-2008, 11:35 PM
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#24
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,147
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Quote:
Originally posted by Spanky
2
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i've had three. my wife, atticus's mom, and dtb, but that one only in my heart.
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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07-10-2008, 06:17 PM
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#25
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Registered User
Join Date: Jul 2005
Posts: 26
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Quote:
Originally posted by Spanky
A spanky board could be fun. The apricots are coming in big this year. I have told everyone I know that likes apricots to come over here and pick as many as they want (along with all my parents and sisters friends). Slave and Sidd you are welcome to come here any time to pick some (or any other bay area person on this board). There have been at least thirty people here and they haven't even picked half the apricots.
The gardners have been picking them and selling them at the farmers market here, but there are more apricots than they can sell.
All the birds eggs around here seemed to have hatched because the diveboming birds are back. Every time a cat goes out my door they get attacked. They hide under the patio furniture and the bushes to get away from the birds. They have managed to take down guite a few of the birds (and leaving the corpses right in front of the door) but that doesn't stop the other ones from their constant vigilence and attacks.
I was thinking that this sort of activity is where Hitchcock got his inspiration for "The Birds".
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Spanky,
I may spend August lolling around Tahoe. If I make the trek, I may farther venture back home to get some aprictos from you. I'll bring my cousin from Walnutt Creek and her dog friend. It can be like a party.
take care. tell the cat and the burds I say hi!
Buck
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07-10-2008, 06:18 PM
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#26
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Registered User
Join Date: Jul 2005
Posts: 26
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Quote:
Originally posted by Hank Chinaski
i've had three. my wife, atticus's mom, and dtb, but that one only in my heart.
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Sum deer are polyamuorous too.
Buck
ps: you are odd, even for a human person.
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07-10-2008, 06:20 PM
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#27
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Registered User
Join Date: Mar 2003
Location: Flyover land
Posts: 19,042
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Quote:
Originally posted by Buck
Spanky,
I may spend August lolling around Tahoe. If I make the trek, I may farther venture back home to get some aprictos from you. I'll bring my cousin from Walnutt Creek and her dog friend. It can be like a party.
take care. tell the cat and the burds I say hi!
Buck
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The parents of a friend of mine have an indoor/outdoor cat, named Valentine, someplace like Van Nuys. The gardener found her in the yard last week, mauled to death.
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07-10-2008, 06:31 PM
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#28
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Registered User
Join Date: Jul 2005
Posts: 26
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Quote:
Originally posted by ltl/fb
The parents of a friend of mine have an indoor/outdoor cat, named Valentine, someplace like Van Nuys. The gardener found her in the yard last week, mauled to death.
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And thus, another cycle of the circule of life does end and begin again anew.
R.i.p.
Buck
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07-10-2008, 09:24 PM
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#29
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For what it's worth
Join Date: Feb 2005
Location: With Thumper
Posts: 6,793
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Quote:
Originally posted by ltl/fb
The parents of a friend of mine have an indoor/outdoor cat, named Valentine, someplace like Van Nuys. The gardener found her in the yard last week, mauled to death.
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That sucks. Was it a dog? Do they know? Bird?
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07-10-2008, 10:38 PM
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#30
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,147
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Quote:
Originally posted by ltl/fb
The parents of a friend of mine have an indoor/outdoor cat, named Valentine, someplace like Van Nuys. The gardener found her in the yard last week, mauled to death.
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do they keep her in a bucket now or is your verb tense wrong?
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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