Class Action Not Certified.

A home warranty provider, the defendant in this action, records all incoming and outgoing telephone calls. A customer placing an inbound call is told: “To ensure the highest quality service your call may be monitored or recorded.” Plaintiff filed a class action against the defendant alleging it violates Penal Code section 632 which prohibits the intentional recording of a confidential communication without the consent of all parties to the communication. The trial court denied class certification. The appellate court affirmed, stating: “We affirm on the ground that the proposed class lacks the requisite community of interest and do not reach the court’s other bases for denying class certification.” (Hataishi v. First American Home Buyers Protection Corporation (Cal. App. Second Dist., Div. 3; February 21, 2014) 223 Cal.App.4th 1454, [168 Cal.Rptr.3d 262].)