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Showing 21 - 30 of 70 results

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

Help Needed In Requesting Documents from California Coastal Commission

[…] Cal. Gov. Code § 6254(k). This 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). The first step in obtaining the documents you […]

March 16, 2020
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

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

Obtaining Legal Records of a Public Agency

[…] billing statements and /or invoices by case or project from the City and Redevelopment Agency. I did not ask for any other information about any of the litigation or project. They took over a month to provide me with a ledger from the finance department with a listing of expenses only with just 3 […]

June 14, 2009
Asked and Answered

CPRA

The public should know if school employee embezzled $2m

[…] found on the FAC web site at the following link: http://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. 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 […]

October 6, 2009