Legal Opinion

North Pacifica, LLC v. City of Pacifica

District Court, N.D. California

Decided July 30, 2003No. C-01-4823-EMCPublishedCited by 36 opinions

1Opinion of the Court

ORDER RE DELIBERATIVE PROCESS PRIVILEGE

CHEN, United States Magistrate Judge.

During the Final Pretrial Conference on July 16, 2003, the Court asked the parties to brief the deliberative process privilege and attorney-client privilege as they affect the potential testimony of the City Council members at trial. Having reviewed the briefs and having considered the arguments of counsel, the Court hereby finds that (1) the deliberative process privilege is applicable but that, as a qualified privilege, it is overcome under the circumstances and (2) it will need to conduct on a case-by-case basis…

2Cases cited26 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  3. Village of Willowbrook v. OlechSupreme Court of the United States · 2000
  4. National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
  5. United States v. MorganSupreme Court of the United States · 1941

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3Cited by36 opinions

  1. Ryan Karnoski v. Donald TrumpCourt of Appeals for the Ninth Circuit · 2019
  2. Thomas v. CateDistrict Court, E.D. California · 2010
  3. Office of Citizens' Aide/Ombudsman v. Deb Edwards and Iowa Department of CorrectionsSupreme Court of Iowa · 2012
  4. United States v. Lake County Board of CommissionersDistrict Court, N.D. Indiana · 2005
  5. Desert Survivors v. US Department of the InteriorDistrict Court, N.D. California · 2017

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