ERIC GRUBER et al., Plaintiffs and Appellants, v. YELP INC., Defendant and Respondent., 55 Cal. App. 5th 591

Summary

HOLDINGS: [1]-Claims under the California Invasion of Privacy Act, Pen. Code, § 630 et seq., alleging that a company had recorded phone conversations between its sales representatives and a prospective client without the knowledge or consent of the prospective client raised triable issues of fact because the prohibition in Pen. Code, §§ 632, 632.7, against recording communications without the consent of all parties applied to one-way recordings, and thus the company's undisputed evidence that it recorded only its representatives' voices and not the prospective client's voice did not entitle the company to summary adjudication; [2]-Because the company's statement that it used Voice over Internet Protocol (VoIP) technology did not establish what type of phone or device VoIP was, further factual development was necessary before a ruling could be made as to whether § 632.7 applied to VoIP.