Can a public agency make a California Public Records Act Request?

By Michael Reiter, Attorney at Law

Can a public agency make a California Public Records Act Request?   This question has been popular on this blog lately.  People have searched for it on two separate days a few days apart.

When I was a Deputy City Attorney for the City of San Bernardino, I handled a number of Federal Civil Rights cases against the City and the San Bernardino Police Department.  One case involved a man who had earlier had a 42 U.S.C. section 1983 civil rights case against the City of Riverside.  I called up a Deputy City Attorney for the City of Riverside I knew and asked how to get the depositions in the case.  She suggested that I make a California Public Records Act request.  I did so, and I received the depositions.

This is an easy question to answer because there is a published case on the subject.  “Our conclusion that the City is a “person” entitled to request documents from another governmental entity is the only rational and reasonable interpretation of the statute.”  Los Angeles Unified School District v. Superior Court (2007) 151 Cal.App.4th 759, 771.  The confusion comes because the statute  (California Government Code section 6252(c) reads: “(c) “Person” includes any natural person, corporation, partnership, limited liability company, firm, or association.”

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog.  You should consult an attorney for advice regarding your individual situation.
A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708
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About Michael Reiter, Attorney at Law
Michael Reiter is a Redlands, California-based lawyer, serving San Bernardino County and Riverside County in Southern California's Inland Empire. Michael Reiter is a lawyer practicing in the following fields of law: Municipal Law, Code Enforcement Law, Small Business Law and Real Estate Law. Michael Reiter practices in all the local courts, including San Bernardino Superior Court, Riverside Superior Court, and the United States District Court for the Central District of California. Michael Reiter was admitted to the California State Bar in 1998. Michael Reiter was Assistant City Attorney for the City of Redlands, a Deputy City Attorney for the City of San Bernardino, and Staff Attorney for Legal Aid Society of San Bernardino. Michael Reiter serves all of San Bernardino and Riverside County, Orange County, and Los Angeles County. Michael Reiter can be reached at (909) 296-6708, or by electronic mail at michael@michaelreiterlaw.com. 300 E. State St. #517 Redlands CA 92373-5235

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