Legal Question in Civil Litigation in California

Re: Are recordings admissible in court?

I agree with the other postings. The tape recording would almost certainly not be admissible in court, and could get you into more trouble than the contractor.

You do not need the recording, however. The work was either done properly or not, on time or not. You could testify as to everything the contractor said to you, for which you do not need a tape recording.

You may not need to sue. All licensed contrators need to carry a bond, and you may have grounds to file a claim against your contractor's bond.

I advise you to contact a local attorney if you want to pursue your case.

Re: Are recordings admissible in court?

The below Penal Code Section (relevant portions)will tell you the consequences of such "secret" recording. Read it very carefully, AND proceed with a competent representation only. Do NOT tell anyone about the recording, except your lawyer. Good luck.

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CPC 632. (a) Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any

electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment...

(c) The term "confidential communication" includes any communication carried on in circumstances as may reasonably indicate

that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public

gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.

(d) Except as proof in an action or prosecution for violation of this section, no evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding.

Re: Are recordings admissible in court?

The recordings will not be admissible as you did not advise your contractor that you were taping the conversations.

Re: Are recordings admissible in court?

Not only are they not admissable, but when you disclose them to the other side, you could end up in jail. Clear enough?

Re: Are recordings admissible in court?

They are not in court, but the information contained therein could be useful in conducting discovery and prosecuting your case.

Good luck-Martin

Re: Are recordings admissible in court?

Penal Code section 632 criminalizes the recording of *any* confidential conversation, whether it is face-to-face or transmitted electronically, unless that transmission is by radio (in which case you can't reasonably expect confidentiality). Section 632 defines "confidential communication" to include all situations where the parties can reasonably expect privacy, but to exclude conversations held at a "public gathering" or in other contexts where the parties might reasonably expect their conversation to be overheard or recorded.

The key issue in your situation, then, is whether the contractor could reasonably have expected privacy, and it sounds like he could indeed. Even if your tape recorder was visible that does not mean the contractor should have known it was running; I have had a tape machine in a visible location in my living room for many years and have never used it to secretly record a conversation. Merely seeing a tape recorder does not put someone on notice that their conversation is being taped.

Section 632 SPECIFICALLY prohibits the use of such recordings in ANY trial or proceeding, except where they are used as evidence against the person who made the recording in a prosecution for violating that Section. Thus, the tapes would not be admissible in your suit against the contractor, even for impeachment purposes, if the conversations were confidential to begin with. However, you could be prosecuted for making the tapes and the tapes could be used against you in that trial.

The section provides stiff criminal penalties for making such recordings, and the penalties are increased for repeat offenders. You should think very carefully about making such recordings as they are likely to cause you far more trouble than they are worth.