![]() ![]() On appeal, Gruber challenges the court’s findings as to his section 632 and 632.7 claims on both legal and factual grounds.1 For reasons discussed below, we reverse and remand this matter to the trial court for further proceedings. The trial court summarily adjudicated all causes of action in Yelp’s favor after finding no triable issues as to whether Yelp violated section 631, 632 or 632.7 of the Penal Code. Code, § 630 et seq.) for allegedly recording his phone conversations with Yelp sales representatives without his notice or consent. Plaintiff Eric Gruber sued Yelp on behalf of himself and a proposed class of similarly situated persons under the California Invasion of Privacy Act (CIPA) (Pen. ![]() This is an appeal from final judgment after the trial court granted the motion for summary judgment or, in the alternative, summary adjudication of defendant Yelp Inc. YELP INC., (City & County of San Francisco Super. Yelp failed to meet its burden of production regarding whether its use of VoIP technology precludes CIPA's application.įiled 10/7/20 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE ERIC GRUBER et al., Plaintiffs and Appellants, A155063 v. When the Yelp salespeople spoke during the one-sided recordings of their conversations with Gruber, the recordings revealed firsthand and in real-time their understanding of or reaction to Gruber’s words. While Gruber was not recorded during any calls (only Yelp’s representatives were recorded), CIPA is violated if a defendant records any portion of a conversation between two or more individuals. The trial court granted Yelp summary judgment. Code 630, alleging unlawful recording and intercepting of communications unlawful recording of and eavesdropping upon confidential communications and unlawful wiretapping. Gruber sued under the California Invasion of Privacy Act (CIPA) Pen. Gruber did not recall that any Yelp sales representative notified him that the conversations were being recorded. When conversing with one representative, who happened to be his friend, Gruber sometimes joked, discussed private topics, and used profanity. During these calls, in which the sales representatives’ voices were recorded, Gruber discussed confidential and financial information regarding his law firm. Gruber, a solo attorney practitioner, was contacted by phone several times by Yelp sales representatives. Yelp employs over 2,000 sales representatives to solicit advertising sales. ![]() Yelp publishes crowdsourced business reviews and allows businesses to advertise on its Website and mobile app. ![]()
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