Question
I understand from your website that there is no administrative appeal process for someone whose request for records was denied under CPRA, and that litigation is the only recourse.
Given that, could I feasibly go to small claims for relief in equity to appeal the denial and get my records? Just to clarify, does that also hold true for the Information Practices Act? [The Information Practices Act of 1977 (California Civil Code, sections 1798 et seq.) requires government agencies to protect the privacy of personal information maintained by state agencies.]
Answer
Small claims court is available only for those claims that include a claim for money damages. Because no damages are available under the Public Records Act, Govt. Code sections 6258, 6259, an action under the Act must be filed in the superior court. See also section 6259(a) (“Whenever it is made to appear by verified petition to the superior court . . . ‘).
Unlike, the Public Records Act, the Information Practices Act does provide for claims for damages for certain, but not all, violations of the Act. See Civil Code section 1798.48 (a). A claim for damages is not authorized for the failure to comply with a lawful request to inspect records. Section 1798.48(a) (excluding 1798.45(a) from the provisions upon which a claim for damages can be made). So if the basis for your IPA lawsuit would be the failure to disclose records to you, then that claim could not be brought in small claims court.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.