This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumer Protection
Invasion of Privacy

Justin Maghen, individually and on behalf of all others similarly situated v. Quicken Loans Inc.

Published: Jun. 13, 2015 | Result Date: May 21, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2:14-cv-03840-DMG-FFM Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

Matthew M. Loker
(Kazerouni Law Group APC)

Todd M. Friedman
(Law Offices of Todd M. Friedman PC)

Abbas Kazerounian
(Kazerouni Law Group APC)

Joshua B. Swigart
(Swigart Law Group)


Defendant

Courtney E. Hoyt

James G. Snell
(Perkins Coie LLP)

Kevan Fornasero


Facts

Justin Maghen filed a class action against Quicken Loans Inc. pursuant to Penal Code Section 632.7. Quicken filed a counterclaim.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff accused defendant of violating the laws by willfully recording plaintiff's conversations, and others similarly situated, without plaintiff's knowledge or consent in violation of Penal Code Section 632.7, which prohibits surreptitious recording. Plaintiff asserted a cause of action for invasion of privacy.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses. Defendant filed a counterclaim for declaratory judgment, seeking a declaration that California law does not apply to the out-of-state conduct alleged by plaintiff.

Result

Ultimately, the judge entered judgment in favor of Quicken and against Maghen. The court then dismissed as moot Quicken's declaratory judgment action.

Other Information

The case is being appealed.


#112196

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390