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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
Asked and Answered

CPRA

Can I access attorney’s retainer agreement and invoices via the Public Records Act?

[…] by a government agency. Agencies may claim such documents are exempt from disclosure under the pending litigation exemption contained in the Public Records Act under Government Code section 6254(b), or that the bills are attorney-client privileged under Evidence Code section 954, and are therefore exempt from disclosure. Furthermore, California Business and Professions Code 6149 states, "A written fee […]

July 2, 2015
Asked and Answered

CPRA

Was My Public Records Request Denial As “Unduly Burdensome” Justified?

[…] is a lawsuit. Note that the PRA provides that "he court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation ," but "f the court finds that the plaintiff's case is clearly frivolous, it shall award court costs and reasonable attorney fees to the public agency." […]

February 15, 2018
Asked and Answered

Brown Act CPRA

Can they deny my request for a video of a meeting that was streamed live?

[…] 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 more information about the Public Records Act, including a sample request letter and a […]

June 12, 2015
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

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
Asked and Answered

Brown Act CPRA

Park & Rec “advisory committee” keeping its advice secret

[…] when, or the topic of discussion. We do know they met with an individual associated with an individual in a key municipal dispute and discussed withdrawing from litigation. How do we ask for a "list" of this information without asking for it in list form, which CPRA seems to prohibit? 3. If this public […]

August 8, 2011
Asked and Answered

CPRA

Access to public records denied during business hours

[…] but are not limited to, preliminary drafts, notes, etc., that are not retained by the public agency in the ordinary course of business; records pertaining to pending litigation; personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy; and records revealing a state agency's deliberative processes with […]

November 21, 2009
Asked and Answered

CPRA

Request for councilmembers salaries not granted

[…] 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, Government Code section 6259(d).In any follow-up correspondence you have with the city regarding the fact that you have not received the […]

October 13, 2010
Asked and Answered

CPRA

CPRA request filled, but witnesses names were redacted

[…] 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). If you do write to the agency requesting a more complete explanation of why witness names are being withheld, […]

March 31, 2015