California Court of Appeal

The trial court's order denying plaintiff's motion for certification of a California class of defendant's customers whose telephone conversations were recorded without warning is affirmed, where: 1) the proposed class lacks the requisite community of interest; and 2) the trial court applied the correct legal standard in determining that whether an individual plaintiff had an objectively reasonable expectation that his or her telephone conversation would not be recorded is a question of fact subject to individualized proof, and this ruling was supported by substantial evidence.

Appellate Information

• Decided 02/21/2014
• Published 02/21/2014

Judges

• KITCHING

Court

• California Court of Appeal

Counsel