Perfit

OPINION ON ORDER GRANTING DIRECTED VERDICT IN FAVOR OF DEFENDANT

Plaintiff June E. Perfit brought this action seeking damages under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510-2520 , on the basis of defendant Martin J. Perfit’s installation of a recording device on a telephone in the marital home. A jury trial commenced on May 24, 1988. At the conclusion of plaintiff’s case completed by an offer of proof, the Court granted a directed verdict in favor of defendant for the reasons set forth below.

FACTS AND PROCEDURAL BACKGROUND

Plaintiff and defendant were wife and husband. On or about August 30, 1983, plaintiff filed a petition for legal separation in Superior Court for the County of Los Angeles. The petition was subsequently amended to request dissolution of the marriage. After a three-week trial in April 1985, the Superior Court entered a judgment of dissolution of marriage on October 16, 1985. During the pendency of the dissolution proceedings, and throughout this entire action, the parties continued to reside together in their expansive marital home.

During the period following the filing of the petition for legal separation,…