Ca – Recording Argument In Shared Home After Being Told To Stop (other Party Escalated)
Location: California.
I was renting a room with my aunt and her husband. In a shared living space (living room), her husband began having a meltdown—screaming at me and getting inches from my face. Because this was following a pattern of similar behavior, I started recording on my phone (audio + video) without announcing it.
He eventually noticed I was recording and told me to stop. I did not immediately stop. My aunt said she didn’t care if I recorded. She appeared to be baffled by his behavior. In the past, he had only ever gotten weird with me when it was him and me alone, so she was not privy to his behavior and didn't seem to believe me when I came to her with this stuff.
After noticing the recording, instead of disengaging, he walked toward me and continued escalating.
Questions:
- Does a shared living space in a private home count as a “confidential communication” under CA law?
- If one person consents (my aunt) but the other explicitly objects, how is that treated?
- Does the fact that he knew he was being recorded and still approached/escalated affect consent or expectation of privacy?
- Does the threatening nature of the situation matter legally?
- Is there liability just for possessing the recording, or only if it’s shared?
- The video file is too big to share via text message, but she asked to see it. The only means I had of sharing it was uploading it to YouTube. I finally figured out how to do that, and sent that video link to her. She is demanding I take it down as I don't have their permission to post it. Do I need to comply here?
Not planning to post it publicly—just trying to understand legal exposure and what I can/can’t do with it.
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