Kearney v. Salomon Smith Barney, Inc.

137 P.3d 914 (2006)

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Nature of the Case

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Facts

D, located in Georgia, repeatedly recorded telephone conversations with Ps, California clients, without Ps' knowledge or consent. Ps filed a putative class action against D seeking to obtain injunctive relief against its Atlanta-based branch's continuing practice of recording telephone conversations, resulting from calls made to and from California, without knowledge or consent of Ps, and also seeking to recover damages and/or restitution based upon recording that occurred in the past. D filed a demurrer because the conduct of its Atlanta-based employees was and is permissible under Georgia law. The court sustained D's demurrer and dismissed the action. The Court of Appeal affirmed, concluding that the application of Georgia law is appropriate and supports the denial of all relief sought by Ps. This appeal resulted.