have a cause of action here.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, you may have a cause of action for the following:
NEGLIGENCE PE SE: Negligence per se is a cause of action when someone breaks the law which is meant to protect you. In this case, it is recording your conversation. Parties to any confidential communication must give permission to be recorded, according to California’s eavesdropping law. Cal. Penal Code § 632.
The statute, however, specifically excludes from its application any conversations made in public places, government proceedings, or in circumstances where the participants of the conversation could reasonably expect to be overheard or recorded. Cal. Penal Code § 632(c)
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. Davidson v. City of Westminster, 649 P. 2d 894 - Cal: Supreme Court 1982
(internal citations omitted).
INVASION OF PRIVACY: This includes "False Light." This is when someone characterizes you in a false light in the public eye, such as with a misleading caption per above.Punitive damages
may be requested in CA for oppressive conduct, fraud, or malice. Cal. Civ. Code § 3294(a)
So yes, you may have a case here.
I hope this helps and clarifies. Good luck.
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