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Contracts Keyed to Fuller
J.B.B. Investment Partners, Ltd. v. Fair
Citation:
232 Cal. App. 4th 974 (2014)Facts
In 2007-2008, JBB and Rabie invested $150,000 and $100,000 respectively in Boulevard and Cameron, two limited liability companies managed by Fair. Later, plaintiffs claimed they discovered fraudulent representations and omissions by defendants. On July 4, 2013, plaintiffs’ attorney sent Fair a settlement offer via email. On July 5, Fair responded from his cell phone with “I agree. Tom Fair.” Plaintiffs filed their lawsuit shortly thereafter. Fair then sent additional emails and voicemails confirming his agreement to the settlement terms. Plaintiffs’ counsel subsequently sent a draft formal settlement agreement on July 11, which Fair never signed. Plaintiffs moved to enforce the settlement under Code of Civil Procedure section 664.6, arguing that Fair’s printed name on his email constituted an electronic signature. The trial court agreed, finding that Fair’s printed name qualified as an electronic signature under UETA and contract common law. Fair appealed, arguing he did not intend his typed name to be a signature on a binding settlement agreement.
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