J.B.B. Investment Partners, Ltd. v. Fair
Court of Appeal of California
232 Cal. App. 4th 974 (2015)
JBB (plaintiff) had invested in companies owned by Thomas Fair (defendant) and came to believe Fair had committed fraud. JBB's attorney emailed Fair proposed settlement terms with no signature block and no mention of electronic signatures; Fair replied the next morning writing "I agree" and typing his name below. JBB, which had already sued Fair for fraud, later sent a formal settlement agreement with a signature line and an electronic-signature provision, which Fair never signed. JBB moved to enforce the first email as a binding settlement, arguing Fair's typed name was an electronic signature; Fair testified he never intended to sign anything, only to start settlement talks. The trial court enforced the settlement, and Fair appealed.
Whether a valid electronic signature must be the act of the person signing and executed with the intent to sign the electronic record.