The Perils of the Electronic Age

The Electronic Age changes everything!  Take a look at InSyst, Ltd. v. Applied Materials, Inc., 2009 WL 215279 (Cal.App. 6 Dist.).  In that case, decided by the Sixth District, Justice Rushing noted e-mail "has virtually supplanted regular mail."  The issue presented was whether an e-mailed notice of entry of judgment was sufficient to trigger the time to file a notice of appeal.

This case was deemed to be complex litigation.  The trial  court issued a standing order authorizing service via an electronic service provider, which was to be considered as valid and effective service, having the same legal effect as a paper document.

The court's judgment was file-stamped as electronically filed on the court's Web site.  The attorneys were then sent an electronic mail message that identified the document and provided instructions for accessing it on the Internet.  The notice contained a hyperlink that, when clicked, would lead to a file-stamped copy of the judgment.

The court analyzed California Code of Civil Procedure section 1010.6, which allows the trial court to adopt local rules permitting electronic filing and service of documents in certain actions, including complex litigation.

The court also noted that two documents trigger the time to file a notice of appeal:  a Notice of Entry of Judgment or a file-stamped copy off the judgment.  (CRC, Rule 8.104(a)(1) and (2).)  Of interest - but not part of the opinion - is the fact that there is no pre-printed form entitled "Notice of Entry of Judgment" and that a file-stamped copy serves the same purpose, possibly setting up a trap for the unwary because the file-stamped judgment does not contain the term "Notice of Entry."  (That's why I like to file the notice of appeal before the earliest date possible.)

While the judgment can be e-mailed, the problem here was that notice of filing was given, but the recipient still had to click on a hyperlink to find the file-stamped judgment. The court concluded:

"We see no provision in the new statute, section 1010.6, or its  implementing rules that authorizes serving a document by giving a party notice of where he or she may find it.  Rule 8.104 insists that certain formalities be observed in order to create a triggering document, either proper titling of a notice of entry of judgment, or obtaining a file-stamped copy of the judgment itself.  We do not regard an e-mail explanation of where to electronically locate a judgment as the equivalent of the electronic transmission of the document."