Legal Question in Civil Litigation in California
An unincorporated city in the Los Angeles County refuses to comply with California Government Code provisions regarding the California Public Records Act. I requested the business license records of a particular establishment registered with the city, but all I got was bare minimum information, and some of it is misleading. I know for a fact that there is much more, which could be embarrassing but not of a personal nature because it has to do with the business breaking city codes and fines imposed for such act.
Is there a way for a citizen to force the city to comply with the above-mentioned code and release that part of the record that is not what might be considered private information?
1 Answer from Attorneys
Yes, there is a way to force the city to comply, but whether you have a real case or not is another matter.
The CPRA defines �public records� as any writing containing information relating to the conduct of the public�s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics. ��Public records� includes any writing containing information relating to the conduct of the public�s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.� (Gov�t Code, � 6252, subd. (e).)
The CPRA is codified at Government Code sections 6250 through 6276.48. It was passed by the Legislature and signed by the Governor in 1968, mandating disclosure of governmental records to the public upon request, unless there is a specific reason not to do so. The law is similar to the Freedom of Information Act (commonly called �FOIA�), except for the fact that the provision that �the people have the right of access to information concerning the conduct of the people�s business� is enshrined in Article 1 of the California Constitution due to California Proposition 59 (the Sunshine Amendment).
The CPRA authorizes any person to institute a proceeding for injunctive or declarative relief to
enforce his right to inspect or receive a copy of a public record.
Any person may institute proceedings for injunctive
or declarative relief or writ of mandate in any court
of competent jurisdiction to enforce his or her right
to inspect or to receive a copy of any public record
or class of public records under this chapter. The
times for responsive pleadings and for hearings in
these proceedings shall be set by the judge of the
court with the object of securing a decision as to
these matters at the earliest possible time.
(Gov�t Code, � 6258.)
There are exemptions from disclosure, however, and it is not clear from your post alone whether these exemptions would apply to the records you are looking for.