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Public Law

Public Law Journal: Fall 2015, Vol. 38, No. 4

Litigation & Case Law Update

By Eugene Park*

PUBLIC RECORDS

League of California Cities v. Superior Court of San Diego County (2015) 241 Cal.App.4th 976.

The San Diegans for Open Government submitted a Public Records Act ("Act") request for all emails sent or received from the San Diego City Attorney’s personal account. The City withheld, among other records, emails exchanged with a legal assistant and attorney members of the League of California Cities ("League") because they were not public records or were privileged. After reviewing a privilege log but declining to conduct an in camera review of the withheld emails, the trial court held the City failed to demonstrate that the emails were validly withheld under the Act and ordered them produced. The League petitioned to halt disclosure. Among the principal contentions was that the League did not have standing to appeal because it was not a "party" to the trial court proceedings, as required by the Act.

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