Flanagan

Jerry K. Staub and Patricia Venegas, Glendale, for Cross-complainant and Appellant.

Allen, Matkins, Leek, Gamble & Mallory, Edwin W. Green, A. Kristine Floyd and Bruce W. Hepler, Irvine, for Cross-defendant and Respondent.

GRIGNON, Acting P.J.

Penal Code sections 632 and 637.2 authorize a civil action for treble damages or statutory penalties against an individual who electronically records a confidential communication. In this case, we are concerned with the nature of a confidential communication, the manner in which the statutory penalties are imposed, whether the statutory penalties violate due process and whether punitive damages may be awarded for violation of the statute. A jury found that 24 confidential communications had been electronically recorded and awarded a statutory penalty of $5,000 for each recording. The jury awarded a total of $120,000 in statutory penalties and $1.2 million in punitive damages. The trial court reduced the statutory penalties to $5,000 and struck the punitive damage award. We modify the judgment to increase the statutory penalties and otherwise affirm.

Honorine Flanagan is the stepmother of Michael Flanagan. [1] On July 1, 1996, Honorine…