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  • Asked and Answered

    First Amendment Social Media

    Help! Being sued For Yelp! Review

    […] times. As such, I took to yelp! to leave my feedback. After posting the honest review, my attorney was contacted and informed that I am being sued for defamation. My simple review sticks the the facts and alleges nothing that documentation will not back up. The problem is that I may incur exorbitant legal fees. I'm […]

    October 11, 2014

  • Asked and Answered

    CPRA

    Surveillance of email, IP address, and subpoenas

    […] learning about these issues. The section called "Information Stored by Third Parties" has some information relevant to your specific question (). Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and […]

    November 7, 2013

  • Asked and Answered

    CPRA

    Covered CA contracts exempt from PRA

    […] that you seek.  Unfortunately, there is no case law interpreting this statute as it relates to the PRA.  They are probably interpreting the proposals as the starting point for "negotiations with entities contracting or seeking to contract with the Exchange." However, the proposals themselves could also be viewed as a pre-negotiation document – something that bidders […]

    June 2, 2016

  • Asked and Answered

    CPRA School Records

    CPRA and “Prompt” Production of Records

    […] told it will take an estimated 12 weeks to produce the records. My initial search of case law indicates that there is no hard and fast guideline for what is considered "prompt" under the statute; however, 12 weeks seems very excessive to me considering the small scope of the request. Also, this school district […]

    May 23, 2018

  • Asked and Answered

    CPRA

    How can copy fees vary from agency to agency?

    I submitted a bid to be the janitorial service provider for the county court house.  After the bid was over I asked for the bid results, evaluation results and winning bidders proposal. I received a letter back stating that I had to pay $0.50 per page when I normally pay $0.10 per copy from […]

    September 5, 2011

  • Asked and Answered

    The author of requested emails assigned to fulfill PRA request

    I requested information regarding communications of someone who works directly for our County and also is on our City Council. The County Administrator gave her the PRA request and is allowing her to fulfill it herself. Is this legal? I requested emails to a certain person from her.

    August 5, 2011

  • Asked and Answered

    CPRA

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

    […] local agency and every person has a right to inspect any public record, except as hereafter provided.  Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law."  Gov't Code § 6253(a). And: "[e]xcept with respect to […]

    February 15, 2018

  • Asked and Answered

    CPRA

    Can I appeal a records request denial from State Medical Board?

    I made a request to the California Medical Board for licensing application information. The Medical Board denied my request and offered no avenues for appeal. By my reading of relevant case law, and admittedly I am not a lawyer, this information is clearly not exempt from the Public Records Act. Are there avenues for […]

    August 22, 2011

  • Asked and Answered

    CPRA

    City wants me to pay to see report on fire at my house

    Although my first impression is to agree with you in that a city council's ordinance or resolution concerning what the Fire Department may charge for copies of incident reports would not qualify as a statute, it is not entirely clear whether a court would agree with our interpretation. There are certain legal dictionaries which […]

    November 24, 2009