County Required to Establish Basis for Claimed Exemption from PRA Disclosure

The Third Appellate District granted in part a petition for writ of mandate. The court held that the burden is on a public agency to assert and establish that records sought under the California Public Records Act (CPRA) are exempt from disclosure.

Dean Getz sought emails documenting El Dorado County's contacts with a homeowners association, of which Getz was a member, and a local development company. Getz ultimately sought all communications between the relevant parties over a period of five and a half years. The county produced an index of 42,582 emails that were potentially responsive to Getz' request and asked Getz to refine his request to permit a more focused search.  Because the index provided by the county did not contain the content of the emails, Getz was unable to identify which emails would be responsive to his request.  He reiterated his request that the county provide him with the content of the emails.  When the county refused, explaining that review and redaction of the emails would be unduly burdensome, Getz filed suit, seeking an order directing the county to comply with his CPRA request.

The trial court denied Getz' writ petition, agreeing with the county that his request was overbroad and unduly burdensome.  Getz filed a petition for writ of mandate challenging the trial court ruling.

The court of appeal granted the petition as to the emails, holding that the county was required to comply with Getz' request as to any emails that were not privileged or otherwise exempt from disclosure.  It could reasonably be assumed that records in the county's custody were public records.  Any claim to the contrary had to be be made by the county and supported by substantial evidence.  Further, the burden was on the county to assert and establish any claimed exemption from disclosure.  An agency cannot resist disclosure based on the burden stemming from actions needed to assuage an abstract fear of improvident disclosure, where that fear could be avoided by simply organizing the agency's records by setting privileged documents apart.  The court accordingly vacated the trial court ruling to the extent that it denied Getz' request for production of the 42,582 emails. 

Gertz v. Superior Court (El Dorado County)