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Modification: City of Gilroy v. Superior Court (Law Foundation of Silicon Valley)

Ruling by

Mary J. Greenwood

Lower Court

Santa Clara County Superior Court

Lower Court Judge

Nahal Iravani-Sani

Nonprofit Law Foundation's petition for writ of mandate against Gilroy under the California Public Records Act was denied because the City produce all nonexempt police bodycam footage.





Court

California Courts of Appeal 6DCA

Cite as

2023 DJDAR 11210

Published

Nov. 22, 2023

Filing Date

Nov. 20, 2023

Opinion Type

Modification

Disposition Type

Writ Issued

Case Fully Briefed

Dec. 14, 2021

Oral Argument

Sep. 12, 2023


CITY OF GILROY,

Petitioner,

v.

THE SUPERIOR COURT OF SANTA CLARA COUNTY,

Respondent;

LAW FOUNDATION OF SILICON VALLEY,

Real Party in Interest.

 

No. H049552

(Santa Clara County Super. Ct. No. 20CV362347)

 

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

 

NO CHANGE IN JUDGMENT

LAW FOUNDATION OF SILICON VALLEY,

Petitioner,

v.

THE SUPERIOR COURT OF SANTA CLARA COUNTY,

Respondent;

CITY OF GILROY,

Real Party in Interest.

 

No. H049554

(Santa Clara County Super. Ct. No. 20CV362347)

California Court of Appeal

Sixth Appellate District

Filed November 20, 2023

 

The Law Foundation of Silicon Valley's petitions for rehearing are denied. The court orders that the opinion filed October 23, 2023, be modified as follows:

1. On page five, paragraph one, lines 9-10, the sentence beginning "Law Foundation later agreed" is deleted and replaced with the following sentence:

 

Law Foundation later initially agreed to limit its request to video and audio recordings produced from January 1, 2019, through the present.

2. On page 23, paragraph one, lines 1-2, the sentence "Costs in this original proceeding are awarded to petitioner City of Gilroy" is deleted and replaced with the following paragraph:

 

The parties shall bear their own costs on appeal. Upon finality of this decision, the temporary stay order is vacated.

There is no change in the judgment.

 

Greenwood, P. J.

 

Danner, J.

Wilson, J.

#281928

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