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California Municipal Law Blog
tag:
Newark Unified School District

New Public Records Case Holds that Mistaken Release of Privileged Documents Does Not Waive Privilege

by on August 10, 2015

posted in Public Records Act, Recent Court Decisions,

When an agency mistakenly releases privileged documents in response to a Public Records Act (“PRA”) request, it does not waive the privilege it possesses in those documents.  So ruled the San Francisco-Based First District Court of Appeal on July 31, 2015 in Newark Unified School District v. Superior Court.  The court’s ruling contradicts the December 2014 holding of the Los-Angeles Based Second District Court of Appeal in Ardon v. City of Los Angeles.  That court held that once privileged documents are released, agencies effectively waive any privilege attached to them, and cannot demand ... Continue Reading

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tags: Ardon v. Los Angeles, Attorney-Client Privilege, California Supreme Court, Mistaken Disclosure, Newark Unified School District, Public Records Act,