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Granina v. Bauer

Superior Court of California, County of Los Angeles

December 1, 2015, Decided; December 1, 2015, Filed

Case No. BC569111

Opinion

ORDER SUSTAINING DEMURRER AND DENYING MOTION TO STRIKE

On behalf of herself and putative class members, Plaintiff claims that Defendant Eddie Bauer LLC ("Eddie Bauer") unlawfully recorded her telephone calls. Plaintiff alleges that she telephoned Eddie Bauer's toll-free number on December 4 and December 10, 2014, and spoke to one or more Eddie Bauer representatives about a purchase. (Complaint, ¶15.) She further alleges that she disclosed private information such as her name, address, and credit card number in the telephone calls and that Eddie Bauer recorded the conversations without her consent. (Id.) Her Complaint alleges a single cause of action seeking statutory damages for Eddie Bauer's alleged violation of Penal Code Section 632.7.

Eddie Bauer demurs to Plaintiff's class action Complaint arguing that Penal Code Section 632.7 only prohibits third parties from recording wireless telephone calls and provides no relief when a party to the communication allegedly records the conversation. Eddie Bauer also moves to strike Plaintiff's request for an award of $5,000 for each alleged violation stated in Plaintiff's prayer for relief and in Paragraph 35 of the Complaint.

The Court sustains [*2]  the demurrer because Plaintiff has failed to allege that, without her consent, Eddie Bauer both received and intentionally recorded her telephone communication. To the contrary, by alleging that she initiated the calls to Eddie Bauer, she admits that Eddie Bauer received the communications with her consent. Plaintiff therefore fails to state a cause of action for violation of Section 632.7. Eddie Bauer's Motion to Strike is moot.

A. Relevant Provisions in Chapter 15 Focus on Third Party Interception.

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2015 Cal. Super. LEXIS 22866 *; 2015 WL 9855304

YEVGENIYA GRANINA, et al., Plaintiffs, v. EDDIE BAUER, LLC et al., Defendants

CORE TERMS

telephone, recording, interception, cellular, radio, communications, cordless, third party, conversation, wireless communication, wireless telephone, transmitted, telephone communication, parties, cause of action, maliciously, punished, alleges, intentionally, provisions, demurrer, leave to amend, confidential, technology, landline