Legal Question in Civil Litigation in California

Being the recent victim of a surruptitious recording (proven through an internal employment investigation in which evidence exists), I desire to file for statutorily designated damages for injuries pursuant to Penal Code section 637.2 (a)(1). Will I need to hire and pay for an attorney to bring an action against the violator or are there established civil court procedures that would allow for a layman to simply file a petition for remedy? Would it be conceivable to enter into a settlement agreement with the violator in lieu of filing civil action? Thank you.


Asked on 9/06/12, 10:33 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If there was a single violation then your statutory damages are probably $5,000. If you can prove that you were actually damaged by the violation, you can be awarded either $5,000 or three times the amount of your injury, whichever is greater.

You don't need a lawyer in order to bring a lawsuit, though your chances will be better if you have one. But if the total amount you seek is $10,000 or less, you can sue in small claims court. You won't even be allowed to have a lawyer there, so you certainly won't need one.

Just remember that you will have to prove your case and that the defendant will be able to challenge your arguments and evidence.

Good luck.

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Answered on 9/07/12, 12:41 pm


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