Many have asked “are electronic signatures valid?” The answer is YES. Section 1633.7 of the California Civil Code states that an electronic signature has the same legal effect as a handwritten signature.  The problem is proving who signed that electronic signature in court. Technology has made it so easy to sign our lives away with merely the click of a mouse.  It’s so easy that most of us don’t read the documents nor do we remember if we clicked our agreement.   But what happens when you as an employer wants to use that electronic signature as proof of an agreement?  Are you able to establish in court that this particular employee clicked the mouse that caused the electronic signature to appear?  If your answer is “no” or “probably not” you may have wasted the money you paid an attorney (or Google) to draft that arbitration or confidentiality agreement that a court will not enforce. Just last week, my favorite California Court of Appeal issued an opinion in Ruiz v. Moss Bros. Auto Group, Inc. upholding the trial court’s finding that Moss Bros., … Continue reading →