It looks like the law is complicated. In 38 states, one-party consent rules apply, so provided she was one of the parties to the conversation, Ms. Stiviano could make a recording and stay within the law. California is one of the 12 states with two-party consent laws, however, so she could get in trouble based on that. Nevertheless, there are exceptions in the California law: specifically, if you believe you are gathering evidence of a crime. Maybe she thought Sterling was involved in a crime, and his embarrassing statements were incidental to her real purpose.
This is going to get complicated.
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