Legal Question in Civil Litigation in California

Re: Can you tape someone with out their knowledge or consent

Penal Code section 632 provides:

(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. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

(b) The term "person" includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication.

(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.

So, yes, you do have a claim as the conversations are likely considered "confidential." Just putting this section in front of the girl with the recorder should end her tactic. However, you haven't given enough facts for us to know what her purpose is in the recording.

Re: Can you tape someone with out their knowledge or consent

Theoretically, you could pursue criminal and civil charges. What are your claims of damage? Simply invasion of privacy, or something more? To justify civil suit, you have to answer: What chance is there of ever collecting enough money from the defendant to make it worthwhile investing the time, costs and attorney fees in a civil suit. If serious about suit, contact me to discuss.

Re: Can you tape someone with out their knowledge or consent

It has been several years since I looked, but at that time there was a provision for a minimum of $500 per incident penalty being assessed against the taper. This information may convince the taper to stop.