Tentative Ruling on Motion to Compel Depositions

Best v. Dumanis, Case No. 2018-26542

January 10, 2020, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

In League of California Cities v. Superior Court (2015) 241 Cal.App.4th 976, 988, the Fourth District Court of Appeal, Div. 1, rejected the League's argument that e-mails sent by the League to the then City Attorney's personal email account but forwarded by him to his city email account were not public records. This case is along the same lines. Plaintiff/petitioner sought public records, and alleges defendants/respondents have not produced all responsive records because they have "never provided [plaintiff/petitioner] with any affidavit or other evidence like that described in City of San Jose v. Superior Court, 2 Cal.5th 608 (2017), to satisfactorily establish that each SDCDA-affiliated agent using a personal account and/or device has thoroughly searched for and produced all responsive public records in and/or on the agent