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1 JANETTE WIPPER (#275264)
Chief Counsel
2 MARI MAYEDA (#110947)
Associate Chief Counsel ELECTRONICALLY
3 DENISE Y. LEVEY (#287736) F I L E D
Staff Counsel Superior Court of California,
4 JONI CARRASCO (#287679) County of San Francisco
Staff Counsel 06/25/2019
5 IRINA TRASOVAN (#290372) Clerk of the Court
Staff Counsel BY: DAVID YUEN
6 DEPARTMENT OF FAIR EMPLOYMENT Deputy Clerk
AND HOUSING
7 320 W. 4th Street, 10th Floor
Los Angeles, CA 90013
8 Telephone: (213) 439-6799
Facsimile: (888) 382-5293
9
Attorneys for Plaintiff, DFEH
10 (Fee Exempt, Gov. Code, § 6103)
11
12 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 IN AND FOR THE COUNTY OF SAN FRANCISCO
14
15 LINDSAY CRIST, ) Case No. CPF-19-516611
)
16 Petitioner, ) DECLARATION OF DENISE LEVEY
) IN SUPPORT OF RESPONDENT
17 vs. DEPARTMENT OF FAIR
) EMPLOYMENT AND HOUSING’S
18 ) OPPOSITION TO PETITIONER
AIRBNB, INC., a Delaware Corporation,
) LINDSAY CRIST’S MOTION TO
19 ) QUASH SUBPOENA
Respondent 1,
)
20 ) [Filed and served concurrently with
DEPARTMENT OF A FAIR EMPLOYMENT Memorandum of Points and Authorities and
AND HOUSING, an agency of the State of )
21 Proposed Order]
California )
22 ) Date: July 10, 2019
Respondent 2. ) Time: 9:00 a.m.
23 ) Dept.: 302
24 DECLARATION OF DENISE Y. LEVEY
25 I, Denise Y. Levey, hereby declare as follows:
26 1. I am an attorney at law duly licensed to practice before all courts of the State of
27 California, and I am employed as Staff Counsel with the Department of Fair Employment and
28 Housing (DFEH), respondent in this action. In my official capacity, I am assigned to the captioned
COURT PAPER
State of California
Std. 113 Rev. 3-95
-1-
FE&H Automated
Crist. v. Airbnb, Inc. and Dept. of Fair Employment and Housing
Declaration of Denise Levey ISO DFEH’s Opposition to Lindsay Crist’s Motion to Quash Subpoena
1 matter and make this declaration in support of DFEH’s Opposition to Lindsay Crist’s Motion to
2 Quash. Except in instances stated on information and belief, and in those instances, I am informed
3 and believe the statements declared, I have personal knowledge of the matters set forth in this
4 declaration, and if called to testify, I would and could testify to the following:
5 2. On June 6, 2016, the DFEH opened an investigation of administrative complaints of
6 race discrimination in housing or public accommodations through the online house rental platform
7 operated by Airbnb (DFEH Case Numbers 574746-231889 and 574743-231624). Attached as
8 Exhibit 1 is a true and correct copy of these DFEH complaints.
9 3. The DFEH Director’s complaints alleged that Airbnb failed to prevent discrimination
10 against African-American guests in violation of the FEHA and Unruh Civil Rights Act, Civil Code
11 section 51.
12 4. Following mediation, DFEH and Airbnb entered into a Voluntary Agreement on
13 April 19, 2017 (Agreement). Attached as Exhibit 2 is a true and correct copy of the Voluntary
14 Agreement. The term of the Agreement was extended by the parties.
15 5. In this Agreement, Airbnb agreed to timely report to the DFEH its efforts to prevent
16 discrimination on the platform.
17 6. On February 4, 2019, DFEH served a subpoena to Airbnb requesting information
18 regarding discrimination complaints made to Airbnb and users that were suspended for
19 discrimination. Attached as Exhibit 3 is a true and correct copy of the subpoena served on Airbnb.
20 7. On information and belief, in response to DFEH’s subpoena, on or about March 21,
21 2019, Airbnb sent an email to some Airbnb users stating that certain information regarding their
22 accounts would be provided to DFEH as a result of a “legal demand” from DFEH.
23 8. On information and belief, the email indicated that unless Airbnb received notice that
24 the user would be filing a motion to quash, Airbnb would produce the requested documents 14 days
25 from the date of the notice (or by April 4, 2019).
26 9. On April 2, 2019, I returned a call to Lindsey Crist in response to a message she left
27 for DFEH Staff Counsel, Irina Trasovan, whose contact information was in the Airbnb email.
28 During this call, Ms. Crist asked me if I could provide her information regarding the email she
COURT PAPER
State of California
Std. 113 Rev. 3-95
-2-
FE&H Automated
Crist. v. Airbnb, Inc. and Dept. of Fair Employment and Housing
Declaration of Denise Levey ISO DFEH’s Opposition to Lindsay Crist’s Motion to Quash Subpoena
1 received from Airbnb. I informed Ms. Crist that DFEH had a pending discrimination investigation
2 against Airbnb and had requested certain information about discrimination complaints made to
3 Airbnb. Ms. Crist asked me for the court case number associated with the subpoena, and I informed
4 her that there was no court case number as there was no pending civil action, but rather it was a
5 DFEH investigation. I told her I could provide her with the DFEH investigation numbers and
6 provided her the DFEH investigation numbers at that time.
7 10. I also informed Ms. Crist that if she was concerned about the information that Airbnb
8 might reveal about her, she should consult with an attorney.
9 11. After this telephone call, I received no further communication from Ms. Crist.
10 12. On information and belief, Ms. Crist did not inform DFEH that she intended to file a
11 motion to quash.
12 13. DFEH first learned of the motion to quash when it was served by personal service the
13 motion on or about June 19, 2019.
14 14. On April 8, 2019, after requesting an extension that was granted from DFEH, Airbnb
15 responded to DFEH’s subpoena.
16 15. On information and belief, no information regarding petitioner Crist was provided to
17 the DFEH from Airbnb in the April 8, 2019 response to the subpoena. DFEH has no knowledge of
18 any documents or information regarding petitioner that Airbnb believes is responsive to DFEH’s
19 subpoena.
20 16. Pursuant to DFEH’s internal procedures as stated in DFEH Directive 600, any
21 private, personal third-party information obtained during a DFEH investigation will remain
22 confidential, even in response to a Public Records Act request. Attached as Exhibit 4 is a true and
23 correct copy of DFEH Directive 600.
24 I declare under penalty of perjury under the laws of the State of California that the foregoing
25 is true and correct. Executed this 25th day of June 2019, at Los Angeles, California.
26
27
28 Denise Y. Levey
COURT PAPER
State of California
Std. 113 Rev. 3-95
-3-
FE&H Automated
Crist. v. Airbnb, Inc. and Dept. of Fair Employment and Housing
Declaration of Denise Levey ISO DFEH’s Opposition to Lindsay Crist’s Motion to Quash Subpoena
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
1 MARI MAYEDA (#110947)
Associate Chief Counsel
2 JONI E. CARRASCO (#287679)
Staff Counsel
3 IRINA TRASOVAN (#290372)
Staff Counsel
4
DEPARTMENT OF FAIR EMPLOYMENT
5 AND HOUSING
320 W. 4th Street, Suite 1000
6 Los Angeles, California 90013
Telephone: (213) 439-6799
7 Facsimile: (888) 382-5293
8
BEFORE THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
9
OF THE STATE OF CALIFORNIA
10
In the Matter of the Complaint of ) Case No. 574743-231889, 574743-231624
11 KEVIN KISH, Director, Department of Fair )
Employment and Housing, )
12 )
Complainant. )
13 ) SUBPOENA DUCES TECUM
v. ) Pursuant to Cal. Gov. Code §§ 12930, 12963.1
14 )
AIRBNB INC., a Delaware Corporation, )
15 )
Respondent. )
16 )
)
17
18 TO: Airbnb, Inc., Custodian of Records, care of Munger, Tolles & Olson LLP, 355 South Grand
Avenue, 35th Floor, Los Angeles, CA 90071.
19
1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and
20 place shown in the box below UNLESS you make a special agreement with the person named
in item 3:
21 a. Date: March 7, 2019 Time: 10:00 a.m.
22 b. Address: Department of Fair Employment and Housing
320 West 4th Street, Suite 1000
23 Los Angeles, CA 90013
24
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COURT PAPER
State of California
Std. 113 Rev. 3-95
-1-
FE&H Automated
Subpoena Duces Tecum and Declaration of Service
1 2. AND YOU ARE
a. ☒ ordered to appear in person and to produce the records described below. The personal
2
attendance of the custodian or other qualified witness and the production of the
3 original records is required by this subpoena. The procedure authorized by
subdivision (b) of section 1560, and sections 1561 and 1562, of the Evidence Code
4 will not be deemed sufficient compliance with this subpoena.
5
1. Produce the USER INFORMATION (as used herein, “User Information” includes
6 name, address, telephone number, email address, user ID 1, dates the user account
7 has been active, and if a host, number of Airbnb listings, and addresses for each
listing) for all CALIFORNIA HOSTS (as used herein, “California hosts” refers to
8 individuals with any number of Airbnb listings located in California) who were
suspended or removed from the Airbnb platform for actual and/or alleged
9 discriminatory conduct from July 24, 2017, to the present and the USER
INFORMATION for the corresponding complaining party.
10
11 2. Produce all DOCUMENTS relating to complaints of discrimination received by
Airbnb for actual and/or alleged unlawful discriminatory conduct including, but
12 not limited to, complaints submitted through the Airbnb complaint process and any
responses thereto from July 24, 2017 to the present and the USER
13 INFORMATION of the complaining party and all other involved hosts and guests.
14
b. ☒ not required to appear in person if you produce (1) the records described above and (2)
15
a completed declaration of custodian of records in compliance with Evidence Code
16 sections 1560, 1561, 1562, and 1271.
i. Place a copy of the records in an envelope (or other wrapper). Enclose the
17 original declaration of the custodian with the records. Seal the envelope.
ii. Attach a copy of this subpoena to the envelope or write on the envelope the
18 case name and number; your name; and the date, time, and place from item 1
in the box above.
19
iii. Place this first envelope in an outer envelope, seal it, and mail it to the address
20 in item 1.
iv. Mail a copy of your declaration to the attorney or party listed at the top of this
21 form.
22
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26
1 “User ID” refers to any means of identifying a user on the Airbnb platform, including but not
27 limited to, an identifying host or guest number or profile link.
COURT PAPER
State of California
Std. 113 Rev. 3-95
-2-
FE&H Automated
Subpoena Duces Tecum and Declaration of Service
1
3. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE FOR YOU TO
2 APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS
REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH
3
YOU ARE TO APPEAR:
4
a. Irina Trasovan
5 Staff Counsel
Department of Fair Employment and Housing
6 320 West 4th Street, Suite 1000
7 Los Angeles, CA 90013
(213) 337-4487
8
9
4. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as
10 provided by law, if you request them before your scheduled appearance from the person
named in item 3.
11
12 DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT.
13 DEPARTMENT OF FAIR EMPLOYMENT
14 AND HOUSING
15
MARI MAYEDA
16 Associate Chief Counsel
17
JONI E. CARRASCO
18 Staff Counsel
19 IRINA TRASOVAN
Staff Counsel
20
21
By:
22 Date issued: February 5, 2019 Irina Trasovan, Staff Counsel
23
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COURT PAPER
State of California
Std. 113 Rev. 3-95
-3-
FE&H Automated
Subpoena Duces Tecum and Declaration of Service
1 DECLARATION OF SERVICE
I, Sherrie Vicario, the undersigned, hereby declare:
2
3 I am over eighteen years of age and not a party to the within cause. My business address is
th
Department of Fair Employment and Housing, 320 W. 4 Street, Suite 1000, Los Angeles, CA
4 90013.
5 On February 5, 2019, I served a copy of the following document(s):
6
Subpoena Duces Tecum
7
X By United States Mail by placing a true and correct copy of the above document(s) enclosed
8 in a sealed envelope with postage thereon fully prepaid following the Department’s ordinary business
practices for the collection and processing of mail, of which I am readily familiar. On the same day
9
that correspondence is placed for collection and mailing, it is deposited in the ordinary course of
10 business with the United States Postal Service.
11 ☐ By Certified Mail by placing a true and correct copy of the above document(s) enclosed in a
sealed envelope with certified mail postage thereon fully prepaid following the Department’s
12 ordinary business practices for the collection and processing of mail, of which I am readily familiar.
13 On the same day that correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service.
14
☐ By Overnight Delivery by placing a true and correct copy of the above document(s) in a
15 sealed envelope with fees thereon fully prepaid for collection and overnight delivery at an office or
other facility maintained by Federal Express / United Parcel Service / Golden State Overnight or
16 delivering to an authorized courier or driver authorized by the overnight service.
17 ☐ By Facsimile Transmission by transmitting a true and correct copy of the above document(s)
18 by facsimile transmission to the fax number listed below. The facsimile machine utilized complied
with California Rules of Court, Rule 2.306, and no error was reported by the machine. The
19 transmission was confirmed as complete, a copy of which is attached hereto.
20 ☐ By Personal Delivery by personally delivering a true and correct copy of the above
document(s) to the person or entity at the address set forth below, in accordance with Code of Civil
21
Procedure section 1011.
22
X By E-Mail by forwarding a true and correct copy of the above document(s) via e-mail to the
23 person(s) at the e-mail address(es) set forth below.
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COURT PAPER
State of California
Std. 113 Rev. 3-95
-4-
FE&H Automated
Subpoena Duces Tecum and Declaration of Service
1 Agent for Service:
2
Hailyn Chen hailyn.chen@mto.com
3 Terry Sanchez terry.sanchez@mto.com
John Major john.major@mto.com
4 Munger, Tolles & Olson LLP
355 South Grand Avenue, 35th Floor
5
Los Angeles, CA 90071-1560
6
I declare under penalty of perjury under the laws of the State of California that the foregoing
7
is true and correct.
8
Executed on February 5, 2019, at Los Angeles, California.
9
10
____________________________________
11
Sherrie Vicario
12
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COURT PAPER
State of California
Std. 113 Rev. 3-95
-5-
FE&H Automated
Subpoena Duces Tecum and Declaration of Service
EXHIBIT 4
DEPARTMENT OF FAIR EMPLOYMENT DIRECTIVE NUMBER
AND HOUSING 600
EXECUTIVE DIVISION DISTRIBUTION DATE
DIRECTIVE June 30, 2017
1. SUBJECT: RESPONSE TO PUBLIC RECORDS ACT REQUESTS
2. PURPOSE: To set forth the time frames and procedures for responding to
requests for records under the California Public Records Act (PRA). (Government
Code § 6250, et seq.)
3. BACKGROUND: "Public records" are materials containing information related to the
conduct of the public’s business that a state agency has in its possession. (Gov.
Code, § 6252, subd. (e).) The PRA requires the Department of Fair Employment and
Housing (DFEH) to make these records available for copying and inspection unless
they are exempt from disclosure. (Gov. Code, § 6253.)
Among the materials that can be “public records” are documents DFEH obtains from
complainants, respondents, and third parties in the course of receiving, investigating,
conciliating, mediating, and prosecuting complaints alleging unlawful practices.
When determining whether such a record is exempt from disclosure, DFEH weighs
the rights of the public, the parties to an investigation, and DFEH’s obligations. For
example, DFEH balances the public’s right to information with complainants’ rights to
privacy because DFEH seeks and receives records containing sensitive, personal,
and confidential information from complainants. (Cal. Const., Art. I, § 1.) DFEH may
also withhold records in order to prevent a “chilling effect” on people who are victims
of discrimination and who may wish to file complaints with DFEH. (City of San Jose
v. Superior Court (1999) 74 Cal.App.4th 1008, 1024.) Similarly, DFEH considers the
rights to privacy of respondents and third parties who submit confidential information
to DFEH. (Cal. Const., Art. I, § 1.) Lastly, DFEH considers how public disclosure of
records may interfere with its ability to perform its statutory obligations to investigate,
conciliate, mediate, and prosecute complaints.
When in receipt of a request for the production of records, DFEH must meet various
legal obligations regarding identification of exempt records and production of
nonexempt records. The PRA requires DFEH to identify any exemptions that prohibit
the production of records or specific portions of records. (Gov. Code, § 6255, subd.
(a).) The PRA also mandates production of nonexempt records in specific time
frames. (Gov. Code, § 6253.) This policy outlines DFEH’s procedures regarding
identification of exemptions, timelines, and other matters related to DFEH’s
compliance with the PRA.
1
4. PROCEDURES:
A. General Rules
1) The Custodian of Records for DFEH is responsible for responding
to general PRA requests. 1 The Deputy Director of
Communications 2 is responsible for responding to requests from
the media or members of the Legislature or Congress.
2) The Chief Counsel shall designate an attorney in the Legal
Division to advise staff regarding PRA requests. As
necessary, DFEH staff responsible for responding to public
records requests may refer questions to this attorney. The
attorney may consult with the DFEH staff responsible for
creating the record in order to determine whether the record
sought is exempt from disclosure under the PRA.
a) Except as described in Section 4.A(5), below, the
Custodian of Records shall consult with a designated
DFEH attorney for complex public records requests or
in any other circumstance where staff is unclear
whether an exemption may be applicable.
3) Requests for the disclosure of information are often in writing.
However, the PRA does not require a requestor to make a written
request for the disclosure of information. Should the requestor not
wish to provide a request in writing, the Custodian of Records will
document the oral request. The documentation should include the
specific request, date the request was made, and contact
information if a response cannot be provided at the time of the
request.
4) Prior to disclosing information, the Custodian of Records
must determine the manner in which a request for records is
being made, for example, by subpoena, letter, or e-mail.
Where the request is in the form of a subpoena, the request
will be handled by the Custodian of Records in accordance
with Directive 603, “Response to Third-Party Subpoenas.” A
subpoena is not a PRA request.
5) The Custodian of Records must determine whether the request for
information involves information that is in an open case file. An
1 All subsequent references to DFEH’s “Custodian of Records” are also meant to include his or her
designee(s).
2 All subsequent references to “Deputy Director of Communications” are also meant to include his or her
designee(s).
2
open case file is of two general types. The first type of open case
file is one in which a complainant has made a pre-complaint inquiry
and a complaint has not been signed, served, and filed. DFEH will
withhold all information from a case in which a complaint has not
been signed, served, and filed. (Gov. Code, § 6255.)
The second type of open case file is one in which a complaint has
been filed but there has not been a final resolution such as a case
closure, final settlement in mediation, or final court judgment.
Because releasing information regarding an open case file could
compromise DFEH’s investigation or mediation efforts, records
from these files will not be released until DFEH closes the case,
except that DFEH will provide reports of summary information
relating to the numbers and locations of cases filed, bases of
complaints, types of harm, and demographic information. (Gov.
Code, §§ 6254, subds. (c), (k), 6255; Evid. Code, §§ 1040, 1119.)
In open cases where litigation is pending, records created during
the pendency of the litigation will not be released until the pending
litigation has been finally adjudicated or otherwise settled. (Gov.
Code, § 6254, subd. (b).)
When attempting to determine whether a pre-complaint inquiry has
been made or a complaint has been filed by an individual or against
a certain respondent, the Custodian of Records should locate the
individual’s or organization’s name and alternative spellings of the
name by:
a) Conducting a search on DFEH’s file storage system. If
necessary, this search should include DFEH’s previous file
storage systems.
b) Conducting a general internet search, using reliable sources
such as the California Secretary of State “Business Search.”
6) The Custodian of Records can release reports which summarize
data or information in DFEH’s possession.
7) When the Custodian of Records denies any request, the notification
of denial of any request must be in writing. (Gov. Code, § 6255,
subd. (b).) The denial must also include the names and titles or
positions of each person responsible for the denial. (Gov. Code, §
6253, subd. (d).)
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3
B. Fees for Records Requests
1) For most public records requests, DFEH will not charge requestors.
However, if the requestor asks that DFEH provide records in paper
format and the records that are responsive to this request amount
to more than 10 pages, then DFEH will charge $0.10 for each page
2) .
3) DFEH will not usually charge for public records requests that seek
records in electronic format. However, DFEH may charge the
requestor for the cost of any programming and computer services
necessary to produce a copy of a record under either of the
following circumstances:
a) The request is for a record that is only produced at
otherwise regularly scheduled intervals; or
b) The request requires data compilation, extraction
or programming. (Gov. Code, § 6253.9, subd. (b).)
4) Payment of fees shall be made in the form of a check made
payable to the “Department of Fair Employment and Housing.” If
DFEH does not receive payment within 30 days, the requestor must
make a new records request.
5) DFEH may waive the costs associated with requests from members
of the media or other individuals. (See, North County Parents
Organization v. Department of Education (1994) 23 Cal.App.4th
144.)
C. Time Frame for Written Response
1) The Custodian of Records must make a determination regarding
whether the request, in whole or part, seeks copies of disclosable
public records, and must include this determination in a written
acknowledgement of the request to be sent within ten (10) calendar
days from the date DFEH receives the request. (Gov. Code, §
6253, subd. (c).) Specifically, the Custodian of Records must state
in the acknowledgement whether the request, in whole or in part,
seeks copies of disclosable public records. (Ibid.) The
acknowledgement must also include the estimated date and time
when the records will be disclosed to the requestor. (Ibid.) The
acknowledgement must be in writing by e-mail. If the e-mail
address of the requestor is unavailable, the acknowledgement must
be by U.S. Mail.
2) The PRA allows the Custodian of Records to extend the ten (10)
day time period in which an agency must provide a determination
4
regarding whether a request seeks disclosable records. (Gov.
Code, § 6253, subd. (c).) However, the PRA only allows the
Custodian of Records to extend this time limit for up to fourteen
(14) additional days and in “unusual circumstances.” (Ibid.) The
PRA defines “unusual circumstances” as instances where
additional time is needed to:
a) Search and collect documents;
b) Search, collect, and examine a voluminous
number of distinct records that are the subject of
one request;
c) Consult with another agency having a substantial
interest in the determination of the request; or
d) Compile data, to write programming language or a
computer program, or to construct a computer
report to extract data. (Gov. Code, § 6253, subds.
(c)(1), (2),(3).)
3) When the Custodian of Records seeks an extension, he or she
must provide the reason(s) for the extension and the date on which
DFEH will send a determination. (Gov. Code, § 6253, subd. (c).)
This information must be provided to the requestor within the initial
ten (10) day period for providing an acknowledgement and
response.
Whether the Custodian of Records has sought an extension or not,
he or she must produce the documents within a reasonable period
of time, generally within 20 calendar days following receipt of
payment.
D. Content of Written Response
1) The written response shall indicate whether DFEH possesses any
of the requested records and, if so, whether they will be produced
or are exempt from production in whole or in part under the
provisions of the PRA. (Gov. Code, § 6253, subd. (c).) In the event
no records exist which are responsive to the request, the Custodian
of Records will prepare DFEH’s "Certification In Response to Public
Records Request," and send it to the requestor. This form will be
signed by the Custodian of Records and mailed the same day the
determination has been made that no records exist. This form shall
not be used as DFEH’s response to subpoenas.
5
2) The written response shall specify any photocopy charges that are
to be paid to DFEH prior to obtaining copies of the requested
records. (Gov. Code, § 6253, subd. (b).)
3) If the public records request is unclear, the Custodian of Records,
rather than deny the request, will work with the requestor to clarify the
request in an effort to assist the requestor to make a focused and
effective request that reasonably describes an identifiable record or
records, by doing the following, to the extent reasonable under the
circumstances:
a) Identify records and information which are
responsive to the request or to the purpose of the
request, if stated.
b) Describe the information technology and physical
location in which the records exist.
c) Provide suggestions for overcoming any practical
basis for denying access to the records or
information sought. (Gov. Code, 6253.1 subd.
(a).)
The Custodian’s duty will be satisfied if the Custodian is unable to
identify the requested information after making a reasonable effort to
elicit additional clarifying information from the requester that will help
identify the record or records.
4) If a public record is in an electronic format, DFEH must provide the
record in the requested format if available. (Gov. Code, § 6253.9,
subd. (a).)
E. Manner and Content of Records Production
1) The Custodian of Records shall conduct a thorough search of
DFEH’s case management system and other locations where
records may be kept to find all records that are responsive to
requests before producing documents.