California Court of Appeal

Judgment denying plaintiff’s petition for writ of administrative mandate wherein he sought to set aside a decision by defendant California State Personnel Board (the Board) upholding his dismissal from his position with the California Department of Justice (DOJ) is affirmed, where the recorded telephone conversations between plaintiff and his former girlfriend were admissible at the administrative hearing, as Penal Code section 633 does not limit the use of duly recorded communications to criminal proceedings, and here the former girlfriend duly recorded the telephone conversations pursuant to the direction of the DOJ in connection with a criminal investigation.

Appellate Information

• Decided 03/10/2015
• Published 03/10/2015

Judges

• Edmon

Court

• California Court of Appeal

Counsel