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Court Records

Requesting electronic trial court records

[…] only its electronic calendar, register of actions, and index."Bulk distribution" means distribution of all, or a significant subset, of the court's electronic records. The electronic court calendar must include the date of court calendar, the time of calendared event, court department number, case number, and case title.Cal. Rules of Court 2077(b)(1).The register of actions […]

June 14, 2009
Asked and Answered

First Amendment Police Records

Requesting employee-related information

[…] only its electronic calendar, register of actions, and index."Bulk distribution" means distribution of all, or a significant subset, of the court's electronic records. The electronic court calendar must include the date of court calendar, the time of calendared event, court department number, case number, and case title.Cal. Rules of Court 2077(b)(1).The register of actions […]

June 14, 2009
Asked and Answered

CPRA

Charged a fee for viewing documents? Is that legal?

[…] attorneys' fees are available should you be required to take court action. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

May 4, 2011
Asked and Answered

CPRA FOIA

FOIA precedents and the CPRA

Can a federal FOIA case serve as a precedent for a CA Public Records Act case?

June 14, 2009
Asked and Answered

CPRA

Fire Department employee names

As a general rule, the names of public employees are a matter of public record and subject to disclosure under the California Public Records Act, Government Code sections 6250-6259.But there are exemptions to the PRA's presumption of public access.One is for private information contained in personnel records (Government Code section 6254(c)), and another (in […]

June 14, 2009
Asked and Answered

CPRA

Court response time to CPRA

What should be the typical response time on the day a request is received for a criminal complaint? The California Public Records Act says 10 days but upon written notice an additional 14 days if the request is voluminous ?6253(c) Does this time limit apply for requests sent by mail?I have typically received responses […]

June 14, 2009
Asked and Answered

Court Records

Unsealing exhibits cited in a judicial ruling

[…] are not under seal and should be made available to the public.) Although any member of the public may file a motion to unseal, such a person must comply with a number of procedural rules, however, and may require the assistance of legal counsel to prepare such motion. The general rules governing a motion […]

June 14, 2009
Asked and Answered

CPRA Police Records

Traffic Citations and the CPRA

[…] the arrest "records" themselves, see Williams v. Superior Court (1993) 5 Cal.4th 337, 348, 360-361). However, Sec. 6254(f) does provide that a state or local police agency must disclose certain information about their investigation of an "incident," including the "names and addresses of persons involved," witnesses, description of property involved, the date, time and […]

June 14, 2009
Asked and Answered

CPRA

Third-Party Settlements

The City has an obligation to make the settlement agreement public, under the Public Records Act ("PRA"). Records in the possession of state and local government entities are presumed to be public unless one of the PRA's enumerated exemptions to disclosure applies. See Cal Govt Code Section 6252. I know of no exemption in the […]

June 14, 2009
Asked and Answered

CPRA School Records

Suspension and Expulsion Records

[…] records are presumptively open to the public, absent an express provision to the contrary. Two provisions of the PRA that might apply to student disciplinary records are Government Code Section 6254(c), which exempts from disclosure "ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy," and Section […]

June 14, 2009