Legal Question in Civil Litigation in California

In a public records lawsuit for the release of government records, does the Plaintiff have to name anyone besides the agency as a defendant? That is, do the agency employees that denied the records have to be named as parties and defendants also? Or is it enough to simply involve them in the allegations as employees that denied the records?


Asked on 3/30/10, 8:24 pm

2 Answers from Attorneys

You do not have to name the specific employees. Generally, however, the courts like to have a real person to order around, rather than an entity. So the usual practice is to name the head of the agency involved at whatever level is in control of the records. So, for example, you would not name the Attorney General or the head of Homeland Security to get FBI records (I'm not sure which supervises the FBI anymore). Instead, you'd name the head of the FBI. You wouldn't name the Secretary of the Interior to get BLM records, you'd name the head of the BLM.

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Answered on 4/04/10, 8:32 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Since you used the term "public records," I will assume you meant the California Public Records Act and not the federal Freedom of Information Act. Yes, you would name the agency head as the defendant, but more importantly, why aren't you using an attorney to do your lawsuit? You'd have a realistic chance of winning, and CPRA provides for an award of attorney fees to successful plaintiffs. If you don't use an attorney, you won't get an award of attorney fees, the agency will get to keep the money it would have been ordered to pay your attorney, you will have taken bread from the mouth of one of us hard-working attorneys, and in all likelihood you'll lose because you lack the skills necessary to prosecute the lawsuit by yourself.

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Answered on 4/05/10, 1:16 am


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