Legal Question in Business Law in California

Re: email - written notice

I think there are three possible answers - yes, no and maybe - depending upon the circumstances.

Let me explain. First, there is an increasing tendency to allow and recognize "electronic commerce" and the Legislature has passed a couple of statutes specifically recognizing that deals can and should be allowed to be made using electronic signatures. Courts in deciding whether an electronic signature was OK instead of pen-and-ink on paper would look to the parties' intention at the time. So, such email contracts would be an example of where electronic "notification" would be legally sufficient and as to these the answer to your question would be "yes."

On the other hand, more likely than not your situation is one where you are receiving "notice" of some kind of problem, such as, maybe, a notice of non-renewal on a lease, a notice of default, a notice to pay rent or quit, or something of this kind. In these situations, e-mail notice is probably, or maybe I should say usually, not an acceptable substitute, especially where some statute prescribes the method of giving notice. This would be an area where the correct answer to your question is "no," because either statute or custom requires an actual piece of paper to be delivered. I'd think this would be mostly where the situation involves some hostility and formality like a default, rather than where the parties are acting cooperatively as they are in entering into a contract.

Finally, the third or "maybe" category would include situations where the law technically expects a written (paper) notice, but the person who got e-mail instead goes into court and admits that he or she was aware of the notice due to getting the e-mail......the judge might rule, and properly so, that although the notice should have been given in writing, the improper notice by e-mail will not work to give the improperly-notified person a defense. Courts will sometimes hold that even a technically defective notice is adequate if it has the desired effect of notifying the recipient of the facts of which he or she is to be apprised.

As an example, refusing to sign for and accept certified mail from the postman is considered notice of the contents of the mail, if the intended recipient probably knows what the mail is about and is trying to avoid actual receipt of notice. You can't get away with that!

The bottom line is that e-mail is probably inadequate for most purposes, but disregard it at your peril!