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Showing 51 - 60 of 70 results

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
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

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

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
Asked and Answered

Brown Act CPRA

CPRA request was denied for document discussed in open session

[…] 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 […]

January 14, 2016
Asked and Answered

School Records

Accessing information on claims against school district

[…] has come up in several cases. It is by now clear that claim forms are not exempt from disclosure under the pending litigation exemption (Gov. Code section 6254(b). In Poway Unified School District v. Superior Court, 62 Cal. App. 4th 1496 (1998), the California Court of Appeal for the Fourth District, which includes Riverside, held […]

June 14, 2009
Asked and Answered

CPRA

CPRA request for disclosure of evidence related to School District misconduct case

[…] 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 District's attention to in your next correspondence. Additionally, it […]

December 12, 2015