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Showing 41 - 50 of 70 results

  • Asked and Answered

    CPRA

    Counsel for a school board

    […] state law, including, but not limited to, provisions of the Evidence Code relating to privilege." This exemption incorporates the attorney-client privilege, and it applies even if no litigation is pending. See, e.g., Roberts v. City of Palmdale, 5 Cal. 4th 363, 370-373 (1993). Because the legal opinion of an attorney hired by the City […]

    June 14, 2009

  • Asked and Answered

    CPRA School Records

    Accessing a public employee’s resume

    […] A sample PRA request is available on CFAC's website at: 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

    State college employees using work email for political campaigning

    […] 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). You can find more information about the Public Records Act, including a sample request letter, at the […]

    August 12, 2011

  • Asked and Answered

    CPRA

    Legal Action Against a Board Member in Closed 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 […]

    June 14, 2009

  • Asked and Answered

    CPRA

    County Refusing to Share Mold Report they Say Requires Us to Vacate. How Can We Access that Report?

    […] 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 necessarily […]

    April 21, 2022

  • 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 […]

    October 30, 2014

  • 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 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

    Can the Deliberative Process Privilege be used to avoid answering a deposition?

    […] as the catch-all exemption, invoked when an agency does not want to disclose the requested records. If a council member has been deposed in connection with ongoing litigation, then it would not seem that he or she could invoke the deliberative process privilege in order to avoid answering questions about governmental decision making. In […]

    April 22, 2017