KIMMEL v. GOLAND

Docket No. S007828.

51 Cal.3d 202 (1990)

793 P.2d 524

271 Cal. Rptr. 191

DANIEL G. KIMMEL et al., Plaintiffs, Cross-defendants and Respondents, v. MARGARET R. GOLAND, as Trustee, etc., et al., Defendants, Cross-complainants and Appellants; R. RICHARD FARNELL, Cross-defendant and Respondent.

Supreme Court of California.

July 12, 1990.


Attorney(s) appearing for the Case

COUNSEL

Timothy T. Tierney, Cappadona & Oldman and Lyle R. Mink for Defendants, Cross-complainants and Appellants.

Cotkin, Collins & Franscell, William D. Naeve, Sheryl A. Weinstein, Margaret Kathryn Maas and R. Richard Farnell, in pro. per., for Plaintiffs, Cross-defendants and Respondents.

Solish, Jordan & Wiener, Jonathan Solish and Douglas P. Bedard as Amici Curiae on behalf of Plaintiffs, Cross-defendants and Respondents.


OPINION

ARABIAN, J.

INTRODUCTION

In this case we are called upon to determine whether the privilege of Civil Code section 47, subdivision 2,1 shields a person from liability for the unlawful recording, in anticipation of litigation, of confidential telephone conversations.

(1a) We conclude that the privilege of section...

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