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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
Latest News

Cases Press Release

Water district, in settlement with FAC, agrees to disclose water usage by corporations

[…] water pumping data will continue to be made public in the future. The district, in a press statement, said it would do this on its website. "The litigation filed by the First Amendment Coalition raised a complex issue – the need to carefully weigh customer privacy alongside the Agency’s response to requests for additional […]
- Government Transparency and Accountability
- Public Records
October 30, 2014
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

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 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

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
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