Judge: Jon R. Takasugi, Case: 24STCV06633, Date: 2024-07-29 Tentative Ruling

Case Number: 24STCV06633    Hearing Date: July 29, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s demurrer is OVERRULED.

            On 3/18/2024, Plaintiff Miguel Esparaza (Plaintiff) filed suit against Advanced Systems Technology Spray Depot d/b/a Sprayerdepot.com alleging a violation of the California Invasion of Privacy Act (CIPA).

            Now, Defendant demurs to Plaintiff’s Complaint.

Factual Background

            Defendant sells sprayers, parts, and accessories to consumers across the country, and runs a website to facilitate these sales. As part of this website, Defendant includes a website chat feature. Plaintiff alleges that he visited Defendant’s website and conducted a brief conversation through the website chat feature. Plaintiff alleges that he was not advised that the chat was monitored, intercepted, or recorded.

Discussion

            Defendant argues that Plaintiff cannot state a claim for violation of CIPA because “Plaintiff ignores the vast majority of decisions holding that Penal Code Section 631(a) 1 does not apply to website chats; does not apply to communications not intercepted in transit; does not apply where the content of the communication is not at issue; and does not apply to communications recorded by a party to the communication or their agent.” (Demurrer, 3: 8-12.)

            However, by Defendant’s own admission, there is case law which has interpreted the alleged conduct here to fall within the scope of CIPA. The Court declines to determine at the pleading stage that there can be no violation of CIPA here. This is especially true given that such a determination will necessarily rely on factual determinations, such as whether or not the recording party has an interest in the content or meaning of the chats within the meaning of section 631.

            Based on the foregoing, Defendant’s demurrer is overruled. 

It is so ordered.

Dated:  July    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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