Tentative Ruling on Petition for Peremptory Writ of Mandate
Wheeler v. City of SD, Case No. 2018-32391
Jan. 25, 2019, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
In this mandate action under the California Public Records Act (CPRA), petitioner seeks an order of this court compelling the City to provide records it withheld following a May 2018 demand therefor. The records in question relate to petitioner's February 2017 arrest by SDPD on suspicion of violating Penal Code section 273.5 - corporal injury on a spouse or cohabitant. The City contends it seasonably produced all documents required by law, and that the only documents withheld are exempt from disclosure under section 6254(f) of the CPRA.
The petition was filed June 29, 2018. The City answered on august 1, 2018. ROA 8. The parties appeared in Dept. 72 on October 31, 2018, with petitioner seeking the setting of a merits hearing and the City resisting same. ROA 10-11. The court set the matter on calendar for today
Hearing Date
January 17, 2019
Category
Civil - Unlimited
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Tentative Ruling on Petition for Peremptory Writ of Mandate
Wheeler v. City of SD, Case No. 2018-32391
Jan. 25, 2019, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
In this mandate action under the California Public Records Act (CPRA), petitioner seeks an order of this court compelling the City to provide records it withheld following a May 2018 demand therefor. The records in question relate to petitioner's February 2017 arrest by SDPD on suspicion of violating Penal Code section 273.5 - corporal injury on a spouse or cohabitant. The City contends it seasonably produced all documents required by law, and that the only documents withheld are exempt from disclosure under section 6254(f) of the CPRA.
The petition was filed June 29, 2018. The City answered on august 1, 2018. ROA 8. The parties appeared in Dept. 72 on October 31, 2018, with petitioner seeking the setting of a merits hearing and the City resisting same. ROA 10-11. The court set the matter on calendar for today