J. Michael FLANAGAN, Cross-Complainant and Appellant,
v.
Honorine T. FLANAGAN, Cross-Defendant and Respondent.
Supreme Court of California.https://leagle.com/images/logo.png
March 14, 2002.
March 14, 2002.
Attorney(s) appearing for the Case
Law Offices of Jerry K. Straub, Jerry K. Staub, Glendale, Patricia Venegas, Los Angeles; Law Offices of John Nouskajian, Jr., and John Nouskajian, Jr., South Pasadena, for Cross-complainant and Appellant.
Allen, Matkins, Leek, Gamble & Mallory, Edwin W. Green, A. Kristine Floyd, Bruce W. Hepler and Luke G. Anderson, Irvine, for Cross-defendant and Respondent.
Davis, Wright, Tremaine, Gary L. Bostwick, Kelli L. Sager, Los Angeles, Karen N. Frederiksen and Andrew J. Thomas, Los Angeles, for CBS Broadcasting, Inc., The Copley Press, Inc., National Broadcasting Company, Inc., ABC, Inc., and Cable News Network as Amici Curiae on behalf of Cross-defendant and Respondent.
Supreme Court of California.
KENNARD, J.
California prohibits the recording of a telephone call without consent from all parties, but only if the call includes a "confidential communication." (Pen.Code, § 632, subd. (a).)1 Violation of the law is a misdemeanor (ibid.) and may entail a civil penalty of $5,000 or three times the actual damages, whichever is greater (§ 637.2). Our Courts of Appeal have disagreed over the meaning of the critical term...
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