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.
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