Question
Under provisions of CPRA, I have been attempting to obtain a specific record that is part of my case-file with the state. All records I have requested have been sent except one with no reason given for its exclusion. I understand I can submit a “verified petition” with the superior court to issue a writ of mandate requiring the state to provide the requested information. Can you give me some guidance on how I might file such a petition?
Answer
A writ of mandate is a type of order directing the public agency to take a specified action. It must be initiated by verified petition—i.e., a request filed under oath. The FAC has a number of them uploaded to the litigation section of its website, for example: First Amendment Coalition
However, to ensure your writ petition accurately complies with procedural requirements (the petition requires a civil case cover sheet and addendum, the petition with a verification, a memorandum of points and authorities, possibly exhibits and possibly a proposed order or other documents, depending on the judge and court), you may want to consult an attorney. Attorneys’ fees are available to a plaintiff who prevails in litigation filed pursuant to the Act. Gov’t Code § 6259(d).
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.