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Conflict of Laws Keyed to Brilmayer
Kearney v. Salomon Smith Barney, Inc.
Citation:
39 Cal. 4th 95, 137 P.2d 914, 45 Cal. Rptr. 3d 730 (2006)Facts
Defendant, Salomon Smith Barney, Inc. (SSB), was a financial institution. Plaintiffs, Kelly Kearney and other clients of SSB, were all residents of California. Plaintiffs brought a putative class action against SSB in California state court, alleging that SSB recorded conversations between them and SSB’s brokers in its Atlanta, Georgia office. Plaintiffs claimed that the recording occurred without their consent, in violation of California state law.
Plaintiffs sought injunctive relief, damages, and restitution. SSB argued that the trial court should apply Georgia law, not California law. The trial court found in favor of SSB, and dismissed Plaintiffs’ complaint. Plaintiffs appealed, and the appellate court affirmed the judgment of the trial court. Plaintiffs appealed to the Supreme Court of California.
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