"I like conflict"

[timelets]

In California, a contract is enforceable even if it's not signed by one of the parties. To void the contract one has to show that the offer was either invalid or not accepted or the transaction was not completed.

I guess the legal theory behind Stormy Daniels' lawsuit is that Covfefe didn't provide the hush money paid by his lawyer; therefore, the transaction was not completed. It's a civil suit and the judge will be less concerned with setting a precedent, although invalidating a particular contract just because of a missing signature would be extremely unwise.

Comments

[tijd]

She is fighting not so much the contract itself but an unlawful attempt to enforce the contract.

Cohen obtained a temporary restraining order against Clifford from the private arbitrator, a retired judge, which bars her from disclosing "confidential information" related to the nondisclosure agreement signed in October 2016, according to a copy of the document obtained by NBC News.
On Feb. 28, Cohen emailed the restraining order to Clifford's former attorney, Keith Davidson. "The document itself is to remain confidential and not to be disclosed to anyone as per the terms of the judge's order," the email, obtained by NBC News, said.
Reached for comment late Wednesday afternoon, Clifford's current attorney, Michael Avenatti, said Cohen, through his own attorney, Lawrence Rosen, has made further attempts to enforce the order and caution Clifford that she is subject to damages if she talks about Trump.
https://www.nbcnews.com/news/us-news/trump-lawyer-michael-cohen-tries-silence-stormy-daniels-n854646

[timelets]

Thanks. AFAIK, it's a standard procedure to file for emergency arbitration and I don't see anything unlawful here. I'd be really surprised if she wiggles out of the contract based on the signature issue.

[tijd]

Is it standard for an arbitrator to issue a restraining order without hearing the other side?

[timelets]

It all depends on arbitration rules written into the contract. Unlike the courts, arbitration is most often a private enterprise.