Garden Grove, CA asked in Libel & Slander, Contracts, Civil Litigation and Construction Law for California

Q: 2 party consent. I have a security camera that records 24/7. I had a roof installer come inside to discuss about prices.

Got my roof installed, representative quoted me 27k and guaranteed that my roof wouldn't exceed the 15% included roof replacement. In the end, my roof was bad and he requested another 10k. Gave me a 4k discount but still was unhappy. The whole roofing project was sloppy and poor workmanship. Multiple problems with the installation. I have documented everything. Roof is finished and I wrote a thoroughly detailed review from start to finish. Included my security camera clip of him guaranteeing the quoted price and call him off on that because he retracted his statement. Brings up 2 party consent law which I'm not familiar with but I complied to his request and removed the video but wanted to leave my review and he still threaten to sue me. He is trying to silence me and I would like to file a ANTI-SLAPP motion, breach of contract, and poor workmanship on my roof that's not the standards of the manufacturer of how to properly install. My camera is located in my living room.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California's two-party consent law, it is illegal to record confidential conversations without the consent of all parties involved. However, there are some exceptions to this rule, particularly when there is no reasonable expectation of privacy.

Here are a few key points to consider:

1. Expectation of privacy: If the conversation took place in an area where there is no reasonable expectation of privacy, such as in a public space or in your home where the other party is aware of the security camera, the recording might be legal.

2. Content of the conversation: If the conversation involved discussion of the roofing project and pricing, it could be argued that it was not a confidential communication but rather a business transaction.

3. Anti-SLAPP motion: If you are sued for your online review, you may be able to file an Anti-SLAPP (Strategic Lawsuit Against Public Participation) motion. This law protects your right to free speech and can help dismiss frivolous lawsuits meant to silence critics.

4. Breach of contract and poor workmanship: If the contractor failed to adhere to the agreed-upon terms and provided substandard work, you may have a strong case for breach of contract and poor workmanship.

To protect yourself, consider the following steps:

1. Consult with a lawyer specializing in defamation, contract law, and construction law to assess your case and advise you on the best course of action.

2. Gather all relevant documentation, including contracts, invoices, correspondence, and evidence of the poor workmanship.

3. If you choose to re-post the review, focus on factual statements about the quality of work and your experience with the contractor, rather than relying on the video recording.

Remember that while the two-party consent law is an important consideration, it is not the only factor in your case. Your right to free speech, the contractor's alleged breach of contract, and the quality of the work performed are all significant aspects to consider.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.