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These posts are not intended as legal advice and do not establish an attorney-client relationship. FAC makes no promises or guarantees about the completeness or accuracy of the information posted.

July 3, 2024
Asked and Answered

CPRA

County’s Technical Review

[…] from production under Government Code Section 6254(h). The records would also be privileged under both the deliberative and attorney-client privileges and be exempt per Government Code Section 6254(k)." We are troubled by this denial for many reasons. The update and amendment process of a General Plan is supposed to be a public process. A consultant […]

June 14, 2009
Asked and Answered

CPRA

My CPRA request was denied due to “attorney-client privilege”

[…] of the allegations." When I made a CPRA request for a copy of the report I was informed "the report has been withheld as it is considered attorney-client privilege". I question this logic. If a portion of the report had been previously made public by the client it seems that to claim attorney-client privilege […]

September 14, 2015
Asked and Answered

CPRA Newsgathering

Should complaints against belligerent councilman be public?

[…] personnel records, contained in Gov’t Code § 6254(c), and, possibly, the exemption that can be extrapolated to apply to attorney-client privileged communications, contained in Gov’t Code § 6254(k). I will address each exemption in turn. Personnel records: The first exemption covers "ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion […]

August 19, 2011
Asked and Answered

CPRA

Accessing Termination of Employment Records

[…] state or federal law allowing it to withhold the records you seek. (Gov't code § 6255). From the information in your submission, the city has asserted exemption 6254(k) of the PRA -- which exempts any records that are exempt under state or federal law. In this case, the city is stating that state or federal […]

June 14, 2009
Asked and Answered

CPRA

Agency answered cure & correct letter with demonstrable falsehoods

[…] 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, if, indeed, the bills are related to litigation that the agency is currently involved in, it may attempt to invoke […]

February 4, 2011
Asked and Answered

CPRA Police Records

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

[…] that pertain to drafts of documents, notes, documents prepared for litigation or subject to attorney-client privilege, among others. See Gov’t Code § 6254(a)–(z). Under the Act, § 6254(k) also incorporates hundreds of "specific" exemptions that have been added over time. Many of these exemptions are listed, starting at § 6275. Finally, there is a "catch-all" […]

November 12, 2011
Asked and Answered

CPRA

Can I access emails of city employees using personal emails for city business?

[…] 6254(a). Again, the city attorney has a statutory duty to justify why those particular records should be withheld. Finally, the city attorney has cited Government Code § 6254(k), which exempts "ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code […]

November 17, 2011
Asked and Answered

CPRA

Do legal fees count under pending litigation CPRA exemption?

[…] consideration. Even if it appears that "pending" litigation exemption does not apply to your request, the attorney-client privilege or attorney-work product doctrine may apply. Government Code section 6254(k) applies to "ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including , but not limited to, provisions of the Evidence […]

February 4, 2014
Asked and Answered

CPRA

Obtaining Legal Records of a Public Agency

[…] that the information was incomplete. It took the city another month to respond. Now they are saying that the billing statements and invoices are protected by privilege and are not subject to disclosure. They are citing 6254(k) and are claiming that the billing statements and invoices are work product and are protected by the attorney-client statutes.

June 14, 2009