by Steven Graham on January 21, 2020
posted in Law Enforcement, Legislative Updates,
Several new laws took effect this year that affect public safety. The key legislation is summarized in this post. ... Continue Reading
by Derek P. Cole on August 10, 2015
posted in Public Records Act, Recent Court Decisions,
When an agency mistakenly releases privileged documents in response to a Public Records Act (“PRA”) request, it does not waive the privilege it possesses in those documents. So ruled the San Francisco-Based First District Court of Appeal on July 31, 2015 in Newark Unified School District v. Superior Court. The court’s ruling contradicts the December 2014 holding of the Los-Angeles Based Second District Court of Appeal in Ardon v. City of Los Angeles. That court held that once privileged documents are released, agencies effectively waive any privilege attached to them, and cannot demand ... Continue Reading
by Derek P. Cole on April 27, 2015
posted in Public Records Act,
In a ruling that probably surprised many people, the Los Angeles-based Second District Court of Appeal held this month that attorney billing records need not be produced under the California Public Records Act (“CPRA”). The appellate court overturned a lower court ruling that found outside counsels’ litigation-billing invoices were public records that must be disclosed. In County of Los Angeles Board of Supervisors v. Superior Court, a lawsuit that originated with a public-records request made by the American Civil Liberties Union (“ACLU”), the court found itself caught between competing ... Continue Reading
by Derek P. Cole on December 15, 2014
posted in Public Records Act, Recent Court Decisions,
Be careful not to disclose privileged documents in response to a Public Records Act (“PRA”) request. According to a recent court decision, such disclosures waive any applicable privilege—even if the disclosure is mistaken. ... Continue Reading