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Showing 21 - 30 of 70 results

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
Asked and Answered

CPRA

Golden Gate Bridge suicide records

[…] that they had changed their policy and that these incident reports were now prepared at the direction of their attorney and protected. I subsequently asked why the procedures had been changed and they wrote that "the District determined that it would be better served if accident and other incident reporting recognized claim and litigation potential."

June 14, 2009
Asked and Answered

CPRA

Is A Letter From A Water District Lawyer A City Attorney Public?

[…] any specific exemption that would apply. For example, even though there’s a "pending litigation" exemption that applies to records prepared for use in litigation (Gov’t Code section 6254(b)), I cannot imagine this exemption would apply to this letter since it was sent from one agency to another before litigation was initiated, and is not the […]

December 7, 2018
Asked and Answered

CPRA

School documents and lost records

[…] in Government Code sec. 6254 or the "catchall" exemption in sec. 6255. With regard to salary compensation information, there has been a fair amount of controversy and litigation over the issue recently, but sec. 6254.8 of the Act does state that "every employment contract between a state or local agency and any public official […]

June 14, 2009
Asked and Answered

CPRA Police Records

Trouble obtaining arrest records and mugshots

[…] writ 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). You can find additional information about the PRA at the First Amendment Coalition web site at http://firstamendmentcoalition.org/category/resources/access-to-records/. […]

October 28, 2011
Asked and Answered

CPRA Police Records

Obtaining Copies of Video

[…] to withhold the records you seek. (Gov't code § 6255). Although the Metropolitan Transit System may attempt to withhold the video pursuant to section 6254 (the pending litigation exemption) believing they may be involved in litigation pursuant to the incident you reference, such exemption is inapplicable where, as here, the records were created in […]

June 14, 2009
Asked and Answered

CPRA Newsgathering

Dental Board of California & the CPRA

[…] of mandate, which is a type of order directing the public agency to take a specified action. Attorneys’ fees are available to a plaintiff who prevails in litigation filed pursuant to the Act, Gov’t Code § 6259(d) — a fact that you may want to draw the Board’s attention to in your next correspondence. […]

April 19, 2016
Asked and Answered

CPRA

Can Employment Records & Dismissal Be Presented in City Council Open Session?

[…] courts have held that the attorney-client privilege applies to communications made within the scope of the attorney-client relationship even if the communication does not relate to pending litigation—including legal advice when no litigation is threatened. Roberts v. City of Palmdale, 5 Cal. 4th 363 (1993). However, it is not clear that this exemption would […]

November 16, 2018
Asked and Answered

Brown Act

When can a public Board claim attorney-client privilege?

[…] pursuant to the attorney-client privilege. the Brown Act permits a closed session for the receipt of advice from an agency attorney, only "regarding pending anticipated or pending litigation" and then only when "discussion in open session concerning those matters would prejudice the position of the local agency in the litigation." Govt. Code section 54956.9. […]

March 25, 2013
Asked and Answered

CPRA

Third Party Notification

[…] documents, you have the option of filing a lawsuit under the PRA. 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) ("The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff […]

June 14, 2009