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Explainers

[…] a specific exemption, the CPRA provides for legal action to enforce the right to inspect or copy public records. See Govt. Code §§ 7923.000, 7923.100. In such litigation, a person prevailing against an agency in a CPRA case is generally entitled to recover costs & attorney fees. Govt. Code § 7923.115(a). An agency is […]

July 3, 2024
Asked and Answered

CPRA

County’s Technical Review

[…] "[U]under the Evidence Code, the attorney-client privilege applies to confidential communications within the scope of the attorney-client relationship even if the communication does not relate to pending litigation; the privilege applies not only to communications made in anticipation of litigation, but also to legal advice when no litigation is threatened." Id. Thus, while any […]

June 14, 2009
Asked and Answered

CPRA

Do legal fees count under pending litigation CPRA exemption?

[…] has spent on a current and ongoing lawsuit. The County states that the information revealing the total money spent is privileged because the case is in active litigation. It would appear to me that no privileged information concerning the case would be jeopardized by providing the total amount of taxpayer money spent on the […]

February 4, 2014
Asked and Answered

CPRA

City finds many ways to deny CPRA requests for emails

[…] in cahoots with the city manager and mayor, has a broad ability to curtail our document requests by declaring "off limits" matters subject to or involved in litigation. This is leading to a large number of redactions and rejections since almost anything can be declared subject to litigation. Is there an answer to this? […]

May 31, 2013
Asked and Answered

CPRA

My PRA request denied, but Buzzfeed published documents on similar case

[…] Code section 6254, subdivision (f) expressly exempts from disclosure investigatory files of agencies, including inspection reports and complaints. Moreover, certain of the records that pertain to pending litigation to which the board is a party are also exempt from disclosure pursuant to Government Code section 6254, subdivision (b). At this time, you have no […]

September 2, 2016
Asked and Answered

CPRA Police Records

Accessing county’s payments to a doctor now under arrest for molestation

[…] to litigation that the DA’s office is currently involved in. This exemption applies to records that have been prepared for use in on-going litigation. Gov't Code § 6254(b). The fact that a requested record may be "involved in litigation" may not be sufficient to allow the agency to withhold the record. There is no court […]

November 12, 2011
Asked and Answered

Brown Act CPRA

Access to City Manager’s compensation denied

[…] board has to vote to review the billing statements. He only manages matters for the GM and Board. We have other legal counsel for water licensing and litigation. We need to make a plan to reduce expenses and his costs seem like an obvious place to start but we have to have a director […]

July 28, 2011
Asked and Answered

CPRA

Agency answered cure & correct letter with demonstrable falsehoods

[…] -- are probably subject to disclosure under the Act.However, the agency may attempt to withhold those bills based on either the pending litigation exemption (Gov't Code § 6254(b)) or attorney-client privilege under the Evidence Code, which is incorporated into the Public Records Act by Government Code § 6254(k). With respect to the pending litigation exemption, […]

February 4, 2011
Asked and Answered

CPRA Newsgathering

Should complaints against belligerent councilman be public?

[…] an attorney’s conclusions, opinions, legal research or theories. Code of Civil Procedure § 2018.030. The attorney-client exemption not only covers communications that are made pursuant to pending litigation, but also legal advice even where no litigation is threatened. Roberts v. City of Palmdale, 5 Cal. 4th 363, 371 (1993). This exemption, however, should not […]

August 19, 2011
Asked and Answered

CPRA

Details of Preliminary Lawsuit Settlements

[…] to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled." Govt Code Section 6254(b) (emphasis added). California courts have confirmed that the litigation exemption applies to settlement communications. Bd. of Trs of California State Univ. v. Superior Court, 132 Cal. App. 4th […]

June 14, 2009