Legal Question in Construction Law in California

1. If 5 people are present in residential building, can a recording be made, two of the individuals being employees of a contracting company.

2. Could such a recording be used in binding arbitration with the Contractor's State License Board (Ca). I don't have a receipt or contract so establishing who did the defective work is difficult.

3. My Psychiatrist records our sessions and has never told me he does so. I know he does because I hear him playing the recordings back after a session to help him write his notes.


Asked on 3/14/12, 9:12 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

In California, it is illegal to record anyone's voice without their written or implied consent. Implied consent, by way of example, would be someone who calls and leaves a voicemail message on another person's phone - they know their voice is being recorded, and by leaving the message, they are implied to have agreed to being recorded. With respect to your first question, if you ask the persons in the room if it is okay to record their voices, then again ask and obtain each person's consent on the recording, or in writing. If they do not consent, any recording is illegal and is not admissible in a Court of law. Whether the CSLB will refuse to admit that as evidence is less-clear, as they are not a court of law; however, I would assume that they pattern their rules of evidence in administrative proceedings along the same lines as the California Rules of Evidence. In short - I don't believe you'll be able to use a recording without express consent. Finally, with respect to your Psychiatrist, I'll be you that in the original forms and/or documents you signed with them, they obtained your consent to record the sessions. Ask - you should be able to communicate openly with your Psychiatrist, or at least have that conversation - if not, you need to find a new professional.

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Answered on 3/15/12, 12:57 pm


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