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Showing 41 - 50 of 70 results

  • Asked and Answered

    CPRA Police Records

    Investigative and disciplinary records pertaining to police officers

    […] in full below) set forth a procedure for making a written motion to obtain police officer personnel records (known as a Pitchess motion) in the context of litigation. To date, courts interpreting these Penal Code sections in the context of the Public Records Act have concluded that they provide an exception to the Act's […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Emails as public records

    […] be exempt from disclosure under the Public Records Act because they are from an attorney for the agency and/or relate to pending litigation. (See Government Code §§ 6254(b) and 6254(k).)However, your inquiry suggests that a different potential exemption might be invoked.Public agencies frequently refuse to disclose e-mails, asserting a "deliberative process privilege," pursuant to Government […]

    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

  • Asked and Answered

    CPRA

    Releasing settlement information on a public employee’s termination

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

    Disclosure of applicant information under PRA

    […] writ of mandate - 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.  […]

    March 22, 2016

  • 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