No private surveillance equipment shall be positioned in such a way as to intrude upon the privacy of the occupier(s) of any residential property other than the user's property. Circumstances in which such an intrusion shall be deemed to occur are any one or more of the following:
A. The equipment is positioned so as to enable the user to observe, or to receive or capture a visual image of any part of the other property that is not readily visible from the public right of way.
B. The equipment is positioned so as to enable the user to hear or intercept communications occurring on the other property that is not readily audible from outside the property without artificial amplification.
C. The equipment is positioned so as to maintain under continual surveillance any part of the other property, whether or not that part of the property is visible from the public right of way. As used in this provision, continual surveillance means any surveillance that lasts for more than 30 seconds at a time.
D. The equipment is positioned in such a way that the surveillance it provides is primarily surveillance of the other property and not of the user's property.
E. Any other circumstance in which the use of the equipment constitutes
(1) intrusion into a private place, conversation or matter,
(2) in a manner highly offensive to a reasonable person.
(Shulman v. Group W Productions, Inc. (1998) 18 Cal.4th 200, 231, 74 Cal.Rptr.2d 843, 955 P.2d 469)