What is the test for a conversation to qualify as confidential under section 632 of the California Civil Code?

MultiRegion, United States of America

The following excerpt is from Mendell v. Am. Med. Response, Case No. 19-cv-01227-BAS-KSC (S.D. Cal. 2021):

for a conversation to qualify as "confidential" under section 632, a party to a recording must have an "objectively reasonable expectation that the conversation is not being overheard or recorded"); accord Deteresa v. Am. Broad. Cos., Inc., 121 F.3d 460, 463 (9th Cir. 1997) ("Application of the statutory definition of 'confidential communication' turns on the reasonable expectations of the parties."). The reasonableness of one's expectation of privacy over a conversation is generally a question of fact. Kight v. CashCall, Inc., 200 Cal. App. 4th 1377, 1396 (2011) (CashCall I). Numerous factors are relevant to the reasonableness inquiry under section 632:

Id.

Other Questions


Does section 1431.2 of the California Civil Code prohibit damages under California Code of Civil Procedure section 877 from being calculated as "economic damages" rather than as damages for personal injury? (MultiRegion, United States of America)
Is there a qualified immunity in the context of a civil action brought by former Deputy First Minister of State John Rutherford, who was sued in his individual capacity for violating Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Can a plaintiff bring a claim for malicious prosecution under section 1983 of the California Civil Code of Civil Procedure against the Department of Justice for improper search and seizure of personal information? (MultiRegion, United States of America)
Does Section 1915(g) of the Civil Code of Civil Procedure apply to a claim that was previously dismissed under Section 1915? (MultiRegion, United States of America)
What is the test for "reasonable fees" under the California Civil Code and California Civil Act? (MultiRegion, United States of America)
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)
Are defendants entitled to qualified immunity for failing to provide fair notice of Section 240.30(1) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.