Stephen Downing, et al., v. City of Long Beach

Judge Mary Strobel

Hearing: January 7, 2021

Tentative Decision on Petition for Writ of Mandate: DENIED IN PART

Petitioners Stephen Downing (“Downing”) and Beachcomber (collectively “Petitioners”) seek a writ of mandate directing Respondent City of Long Beach (“Respondent” or “City”) to produce records under the California Public Records Act (“CPRA”) regarding an investigation of findings made by Long Beach Police Department (“LBPD”) and/or City of Long Beach officials for dishonesty (i.e. Overtime Fraud) by Jail Administrator (Correctional Officer) Thomas Elliot Behrens, Sergeant Louis M. Perez, Sergeant Adam P. Sturgeon and Sergeant Kenneth M. Green.

Background

Downing is a columnist who works for Beachcomber, a newspaper publishing business entity. (Petition ¶ 2.)

A portion of the verified petition has been settled. (Opening Brief 1:19-23.) The verified petition alleges with respect to the remaining issues as follows.

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