Legal Opinion

People v. Powers

California Court of Appeal

Decided March 2, 2011No. B218687PublishedCited by 2 opinions

1Opinion of the Court

Opinion

YEGAN, J.

An employee who listens to consumer complaints should have a thick skin. He or she might reasonably expect to hear complaints just like the ones in this case, i.e., complaints laced with references to bovine excrement, body parts and other vulgarities derived from sexually related terms. If the complaint is by telephone, the call recipient can be a crime victim (Pen. Code, § 653m, subd. (a)).1 Alternatively, the caller may not threaten to inflict injury on the employee or use obscene language lewdly. Here, appellant made annoying telephone calls to a customer comment line…

2Cases cited4 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. People v. HernandezCalifornia Court of Appeal · 1991
  4. People v. C.C.California Court of Appeal · 2009

3Cited by2 opinions

  1. People v. BollaertCalifornia Court of Appeal · 2016
  2. People v. AstalisAppellate Division of the Superior Court of California · 2014

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