California Municipal Law Blog
Public Records Act

New Laws Take Effect in 2020: Public Safety Update

by 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

tags: Gun Violence Restraining Order, Pitchess Motions, Public Records Act, Standards and Policies, Subpoenas, Use of Force, Websites,

New Public Records Case Holds that Mistaken Release of Privileged Documents Does Not Waive Privilege

by 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

tags: Ardon v. Los Angeles, Attorney-Client Privilege, California Supreme Court, Mistaken Disclosure, Newark Unified School District, Public Records Act,

Court Holds Outside-Counsel Billing Invoices Need not be Disclosed under Public Records Act

by 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

tags: ACLU, Attorney Billing Records, Attorney-Client Privilege, Outside Counsel, Public Records Act,

Attorney-Client Privilege is Waived by Mistaken Disclosure of Privileged Documents in Response to Public Records Request

by 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

tags: Disclosure, PRA, Privilege, Public Records Act,