Bunnell

[Opinion certified for partial publication. [*] ]

OPINION

SIMS, J.

In this civil action seeking damages for allegedly unlawful wiretapping under federal and state statutes ( 18 U.S.C. § 2510 et seq.; Pen. Code, § 630 et seq.), plaintiff Michael D. Bunnell appeals from summary judgment entered in favor of defendant California Department of Corrections (CDC). Plaintiff contends the trial court incorrectly concluded that CDC, as a state governmental entity, was not subject to liability under the federal or state statutes. We shall conclude we need not address this issue, because plaintiff's complaint is barred by the applicable federal and state statutes of limitations, which CDC presented as an alternate ground for summary judgment. In the unpublished portion of this opinion, we shall discuss why the statute of limitations bars plaintiff's state law claim; in the published portion, we shall explain why plaintiff's federal claim is also barred by the statute of limitations. We shall therefore affirm the judgment. [1]

In 1991 plaintiff was employed by CDC as chief deputy warden at Deuel Vocational Institution (DVI). In April 1991, another CDC employee, Correctional Officer Wayne…