Legal Opinion

City of San Jose v. Superior Court of Santa Clara Cnty.

California Supreme Court

Decided March 2, 2017No. S218066PublishedCited by 97 opinions

1Opinion of the CourtCorrigan, J.

Here, we hold that when a city employee uses a personal account to communicate about the conduct of public business, the writings may be subject to disclosure under the California Public Records Act (CPRA or Act). 1 We overturn the contrary judgment of the Court of Appeal.

I. BACKGROUND

In June 2009, petitioner Ted Smith requested disclosure of 32 categories of public records from the City of San Jose, its redevelopment agency and the agency's executive director, along with certain other elected officials and their staffs. 2 The targeted documents concerned redevelopment efforts in downtown San…

2Cases cited39 opinions

  1. Polk County v. DodsonSupreme Court of the United States · 1981
  2. United States v. DotterweichSupreme Court of the United States · 1943
  3. Hill v. National Collegiate Athletic Assn.California Supreme Court · 1994
  4. Grand Central Partnership, Inc. v. Andrew Cuomo, as Secretary of the United States Department of Housing and Urban DevelopmentCourt of Appeals for the Second Circuit · 1999
  5. Reno v. BairdCalifornia Supreme Court · 1998

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3Cited by97 opinions

  1. Mission Beverage Co. v. Pabst Brewing Co., California Court of Appeal, 5th District2017
  2. Hassell v. BirdCalifornia Supreme Court · 2018
  3. Am. Civil Liberties Union Found. of S. Cal. v. Superior Court of L. A. Cnty.California Supreme Court · 2017
  4. A.J. Fistes Corp. v. GDL Best Contractors, Inc., California Court of Appeal, 5th District2019
  5. Labor & Workforce Dev. Agency v. Superior Court of Sacramento Cnty., California Court of Appeal, 5th District2018

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