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Commercial Law Keyed to Whaley
J.B.B. Investment Partners, Ltd. v. Fair
Citation:
232 Cal.App.4th 974, 182 Cal. Rptr.3d 154 (2015)Facts
In 2013, Plaintiffs invested in two Arizona limited liability companies managed by Defendants. Later, Plaintiffs alleged fraudulent misrepresentations by Defendants and threatened to bring suit against Defendants if they did not reach a settlement. On July 4, 2013, Plaintiffs’ counsel emailed an initial settlement offer to the defendant named Fair, which laid out a series of terms for the parties to consider. The email stated that it required a “YES or NO” response, however there was no signature block for Defendants and was not signed by Plaintiffs. On July 5, 2013, Fair replied with an email which stated, “I agree” and contained Fair’s manually typed name at the bottom of the message. On July 11, 2013, Plaintiffs’ attorney sent a draft of a final settlement agreement laying out all the terms and also including signature blocks for each party. Fair refused to sign the July 11 settlement agreement and on August 6, 2013, Plaintiffs filed a motion pursuant to Cal. Code Civ. Proc. § 664.6 to enforce the settlement offer from July 4, arguing that Fair’s printed name was a legally binding electronic signature under the UETA. The trial court granted Plaintiffs’ motion to enforce the settlement and Defendants appealed.
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