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FLANAGAN v. FLANAGAN

No. B122810.

91 Cal.Rptr.2d 422 (1999)

77 Cal.App.4th 122

J. Michael FLANAGAN, Cross-complainant and Appellant, v. Honorine T. FLANAGAN, Cross-defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

Review Granted March 22, 2000.

Attorney(s) appearing for the Case

Jerry K. Staub and Patricia Venegas, Glendale, for Cross-complainant and Appellant.

Allen, Matkins, Leek, Gamble & Mallory, Edwin W. Green, A. Kristine Floyd and Bruce W. Hepler, Irvine, for Cross-defendant and Respondent.

GRIGNON, Acting P.J.

Penal Code sections 632 and 637.2 authorize a civil action for treble damages or statutory penalties against an individual who electronically records a confidential communication. In this case, we are concerned with the nature of a confidential communication, the manner in which the statutory penalties are imposed, whether the statutory penalties violate due process and whether punitive damages may be awarded for violation of the statute. A jury...

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