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Asked and Answered

CPRA

Former State Employees and the CPRA

[…] should receive their attorneys' fees. Govt. Code Section 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

Awarding Attorney’s Fees in CPRA Cases

[…] without justification or rationale by the Superior Court. Even though Caltrans did not raise a single legal objection to the reasonableness of the attorney's fees during the litigation, the Court drastically reduced the fees without citing any acceptable method or case. This seems to fly in the face of the intent of the CPRA, […]

June 14, 2009
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 School Records

Are School Yearbooks Public Records?

[…] 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

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
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

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

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

Brown Act CPRA First Amendment

Mayor up for reelection wants to stifle public comment on candidates

[…] or state law, including, but not limited to, provisions of the Evidence Code relating to privilege." This privilege is intended to protect legal advice, even where no litigation is threatened.Again, it must be narrowly construed, and cannot provide blanket protection to all communications between the city attorney and staff or council members. In addition […]

August 30, 2010
Asked and Answered

CPRA

My CPRA request was denied due to “attorney-client privilege”

[…] that the privilege has been waived." Jones v. Superior Court, 119 Cal. App. 3d 534, 547-48 (1981). Attorney-client privilege may also be impliedly waived if a party to litigation places into issue a matter that is traditionally privileged. Transamerica, 188 Cal. App. 3d at 1052. Such an implied waiver can be found when a party states […]

September 14, 2015