On June 1, 2006, the day after the Mervyn's/Branick oral argument, the Supreme Court will hear oral argument in Kearney v. Salomon Smith Barney, case no. S124739. This case presents the following question:
Can a claim for violation of the Invasion of Privacy Act (Pen. Code, section 630 et seq.) or the Unfair Competition Law (Bus. & Prof. Code, section 17200 et seq.) be premised on the recording of a telephone call without the consent of all parties to the conversation (see Pen. Code, section 632) where the telephone call in question is between California and a state that requires the consent of only one party to the conversation and the call is recorded in the other state?The Court of Appeal (First Appellate District, Division Two) approached the case from a conflicts-of-law standpoint, rather than a UCL standpoint. Kearney v. Salomon Smith Barney, Inc., 117 Cal.App.4th 446 (2004). My original posts on this decision are here, here, and here.