Coleman v. Sagar CA2/5
Plaintiff Kathleen Coleman appeals from a judgment following an order granting a motion to enforce a settlement agreement. Plaintiff sued defendant Aneeta Sagar for negligence following an automobile accident. Plaintiff offered to compromise pursuant to Code of Civil Procedure section 998. Defendant faxed a notice of acceptance that purported to contain defense counsel’s signature. Plaintiff then attempted to withdraw the section 998 offer.
Defendant moved to enforce the settlement agreement under sections 664.6 and 998. Plaintiff opposed, arguing defendant’s counsel had failed to sign the acceptance, which contained the notation: “Dictated but not read.” Plaintiff also argued acceptance was equivocal because the notice of acceptance suggested additional terms. The trial court ruled that defense counsel had electronically signed the acceptance, pursuant to the Uniform Electronic Transactions Ac (UETA) , and the acceptance was unequivocal.
Comments on Coleman v. Sagar CA2/5