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KEARNEY v. SALOMON SMITH BARNEY, INC.

No. A101477

11 Cal.Rptr.3d 749 (2004)

Kelly KEARNEY et al., Plaintiffs and Appellants, v. SALOMON SMITH BARNEY, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division 2

Review Granted June 23, 2004

Attorney(s) appearing for the Case

David S. Markun, Edward S. Zusman, San Francisco, Kevin K. Eng, Los Angeles, Markun Zusman & Compton LLP, San Francisco, Attorney for Appellants Kelly Kearney and Mark Levy.

William F. Alderman, Alejandro Vallejo, Orrick, Herrington & Sutcliffe LLP, San Francisco, Attorney for Respondent Salomon Smith Barney.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, Margaret Reiter, Supervising Deputy Attorney General, Office of the Attorney General as Amicus Curiae in support of Appellants.

HAERLE, J.

I. INTRODUCTION

This an appeal by two individuals who filed a putative class action against respondent based on conduct allegedly violative of Penal Code section 632 (section 632) and Business and Professions Code section 17200 (section 17200). The conduct in question was the recording, in Georgia, of telephone calls between appellants, both California residents at the time, and their Atlanta-based brokers. The recordings were made without the...

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