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Showing 11 - 20 of 70 results

  • Asked and Answered

    CPRA School Records

    What portion of personnel files are exempt from CPRA disclosure?

    […] outweighs the public interest in release of the agreement.  Gov’t Code § 6253(c). You might also remind the District 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 […]

    April 22, 2017

  • Asked and Answered

    CPRA Police Records

    Accessing Police Reports

    […] of police reports upon request. To the extent the law enforcement agency continues to refuse to provide you with the report and you need it for your litigation against the termite company, you would need to issue a subpoena.  The procedures for issuing a subpoena in a civil case are quite detailed and addressed […]

    June 14, 2009

  • Asked and Answered

    CPRA

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

    […] as "work product," are generally protected from disclosure. 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 […]

    November 17, 2011

  • Asked and Answered

    CPRA School Records

    Globe trotting university official keeps tabs on dog sends bill to tax payers

    […] decide to file a writ of petition in the Superior Court to compel disclosure of the records, 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. […]

    March 20, 2012

  • Asked and Answered

    CPRA

    Accessing Termination of Employment Records

    […] "nder 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.  Any email communication, […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Personal privacy exemption for public college dean

    […] decide to file a writ of petition in the Superior Court to compel disclosure of the records, 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. […]

    October 17, 2013

  • Asked and Answered

    CPRA

    Labor Commission Records

    […] be found on the CFAC website at the following link: https://firstamendmentcoalition.org/cpra-primer/sample-cpra-request-letter/. The ultimate recourse under the PRA in the event of an improper denial is to initiate litigation.  It is sometimes helpful to remind the agencies that the prevailing parties in a PRA litigation are entitled to their attorneys' fees.  Govt. Code § 6259(d) […]

    June 14, 2009

  • Asked and Answered

    CPRA

    District won’t release legal bills from defending workers’ comp cases

    […] the records you seek.Gov't Code § 6253(c).It is possible that the school district is withholding the records 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, […]

    October 22, 2010