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Showing 51 - 60 of 70 results

Asked and Answered

CPRA

Will attorney/client privilege keep me from learning how County is spending bond money?

[…] by a law firm. In a 2012 California Court of Appeal case, the court found that such records were not exempt under the Public Record Act’s "pending litigation" exemption, which exempts from disclosure any records that were prepared for use in litigation. County of Los Angeles v. Superior Court, 211 Cal. App. 4th 57, 67 (2012). […]

June 8, 2015
Asked and Answered

CPRA

FOIA request California State Parks internal investigation

[…] what constitutes "personnel, medial or similar files" that would be exempt under the statute. You might also remind the agency that should you be forced to resort to litigation in order to enforce your rights under the Act, a court would "award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in […]

June 1, 2016
Latest News

Cases Press Release

Water district, in settlement with FAC, agrees to disclose water usage by corporations

[…] water pumping data will continue to be made public in the future. The district, in a press statement, said it would do this on its website. "The litigation filed by the First Amendment Coalition raised a complex issue – the need to carefully weigh customer privacy alongside the Agency’s response to requests for additional […]
- Government Transparency and Accountability
- Public Records
October 30, 2014
Asked and Answered

CPRA Police Records

I Called Police About My Loud Neighbors Gathering During COVID. Were These Redactions Lawful?

[…] before ruling on whether the records were properly or improperly withheld. You may ask the judge to examine the records in private during the course of the litigation. Cal. Gov. Code § 6259(a). If you are successful in proving a violation of the public records laws, the court will order the agency to release […]

January 20, 2021
Asked and Answered

Brown Act FOIA

Are the Board of Directors of our Apartment Complex subject to the Brown Act?

[…] attorneys' fees if you prevail. Govt. Code § 6259(d) ("The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and fees shall be paid by the public agency of which the public official is a member or employee […]

June 14, 2009
Asked and Answered

CPRA Police Records

Is footage taken by an officer wearing a body-camera a public document?

[…] of mandate, which is a type of order directing the public agency to take a specified action. Attorney's fees are available to a plaintiff who prevails in litigation filed pursuant to the Act, Gov't Code § 6259(d). I have attached a sample petition, together with a memorandum of points and authorities. Please take note […]

June 12, 2014
Asked and Answered

CPRA

If A Lawyer Sends A Threatening Letter to A City Attorney Marked “Confidential” Is It?

[…] Code§§ 954, 955, and work product, as protected under Civil Procedure Code § 2018.03, I am unaware of a blanket exemption for letters between lawyers concerning threatened litigation. Even if one could argue that confidential settlement offers are protected from disclosure under Evidence Code 1152 (which I’m not sure they are, given this provision […]

November 5, 2018
Asked and Answered

Brown Act CPRA

Park & Rec “advisory committee” keeping its advice secret

[…] when, or the topic of discussion. We do know they met with an individual associated with an individual in a key municipal dispute and discussed withdrawing from litigation. How do we ask for a "list" of this information without asking for it in list form, which CPRA seems to prohibit? 3. If this public […]

August 8, 2011
Asked and Answered

CPRA

Documents relating to employment

[…] the Public Records Act provides a right of access to records regarding your job application.You may be entitled to such information from the originating party as well as the government agency to which it was sent. If you are or become involved in litigation, you would probably be able to obtain the information through discovery.

June 14, 2009
Asked and Answered

CPRA

Access to public records denied during business hours

[…] but are not limited to, preliminary drafts, notes, etc., that are not retained by the public agency in the ordinary course of business; records pertaining to pending litigation; personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy; and records revealing a state agency's deliberative processes with […]

November 21, 2009