California Municipal Law Blog

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Municipal Law Blog

Legal updates on current legislation and court cases affecting California local government

Category Archives: Public Records Act

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Urgent: State Supreme Court Holds Emails or Text Messages Sent on Personal Accounts are Disclosable Public Records

Posted in Public Records Act, Recent Court Decisions
The California Supreme Court has issued its long-awaited decision on whether public employee emails or text messages, sent and stored on the employees’ personal accounts, are public records.  A unanimous Court held that such emails and text messages are disclosable records under the California Public Records Act.  (City of San Jose v. Superior Court, decided… Continue Reading

In Public Records Case, State Supreme Court Holds Inadvertent Disclosure of Privileged Records Request Doesn’t Waive Privilege

Posted in Public Records Act, Recent Court Decisions
As this Blog previously noted, the State Supreme Court had before it two cases in which inadvertent disclosures of attorney-client privileged records were made in response to requests under the California Public Records Act (“CPRA”).  In both cases, the question was whether the mistaken releases waived the privileges.   (Our previous updates about these cases are… Continue Reading

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

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… Continue Reading

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

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.… Continue Reading