Fairley v. Superior Court (City of Long Beach)

MODIFICATION

GOVERNMENT

Public Records Act's pending litigation exemption applies only to documents prepared for use in litigation. JOHN FAIRLEY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CITY OF LONG BEACH et al., Real Parties in Interest. No. B122829 (Super. Ct. No. BS050180) (David P. Yaffe, Judge) California Court of Appeal Second Appellate District Division Four Filed October 19, 1998
THE COURT:*
        It is ordered that the opinion filed herein on September 30, 1998, be modified as follows:
        On page 2,1 the third sentence of the second full paragraph is modified to read:

It remains to be determined whether the pending litigation exemption was ever applicable to the disputed documents. If the pending litigation exemption, or another exemption relied upon by real party in interest in the trial court but not considered by the trial court nor raised here (§§ 6254, subd. (f) and 6255), was never properly applicable, petitioner will be entitled to recover statutory attorney fees and costs he incurred in petitioning the trial court to obtain the requested documents. (§ 6259, subd. (d).)

        In addition, on page 10, line 2,2 the sentence is modified to read:

Petitioner's request for attorney fees pursuant to section 6259, subdivision (d), is dependent on the trial court's decision as to whether the documents at issue were subject to the exemptions of section 6254, subdivisions (b) and (f), and section 6255.

        Finally, on page 10,3 the final paragraph beginning with "We note" and ending with "to those individuals" is deleted.

        This modification does not constitute a change in the judgment.
        Real Party in Interest's petition for rehearing is denied.


_________________________________________
*VOGEL (C.S.), P.J., HASTINGS, J., COOPER (F.M.), J.**
**Assigned by the Chairperson of the Judicial Council.


1        See Daily Appellate Report of October 2, 1998, page 10462, column 1, paragraph 2, lines 6-11.

2        See Daily Appellate Report of October 2, 1998, page 10464, column 1, paragraph 3, line 14.

3        See Daily Appellate Report of October 2, 1998, page 10464, column 1, paragraph 4, lines 1-23.