Montalti

Appellant Assunta Montalti appeals from a summary judgment entered against her and in favor of respondent Luigi V. Catanzariti. She contends “A. The statute of limitations on a cause of action under Civil [sic Penal] Code sections 631 and 637.2 commences when the plaintiff *98 knew or should have known of the defendant’s unlawful acts [and] B. The trial court erroneously interpreted one phrase of Ribas v. Clark wherein the Supreme Court was discussing not the statute of limitations but an issue of judicial privilege.”

Ms. Montalti filed suit against Mr. Catanzariti on May 28, 1985. In her amended complaint she alleged that Mr. Catanzariti had eavesdropped on her conversations in violation of section 631 of the Penal Code “[c]ommencing in March, 1982, and continuing for several months thereafter.” The eavesdropping took place while she and Mr. Catanzariti were married and living together, and she discovered the acts on December 5 and 6, 1984, in the course of dissolution proceedings. She sought recovery of the civil penalty of $3,000 for each violation, pursuant to section 637.2 of the Penal Code.

Mr. Catanzariti made his motion for summary judgment on the ground that…