NATURE OF PROCEEDINGS: HEARING ON DEMURRER — TO COMPLAINT [DEFT] CALIFORNIA DEPARTMENT OF TRANSPORTATION

RULING

The general and special demurrer by defendant California Department of Transportation (“Ca.ltrans” or “Defendant”) to the complaint of plaintiff Friends of the Green Bridge (“Plaintiff’) pursuant to Code of Civil Procedure section 430.10, subdivisions (a), (e), and (f) is overruled in its entirety. Plaintiff sufficiently states causes of action for violation of the California Public Records Act (“CPRA”) and declaratory relief, explained more fully below.

Background

This case arises out of a CPRA request by Plaintiff, “a not-for-profit, public benefit, association” whose members live close to the bridge over Lagunitas Creek on State Route 1 in Marin County. (Complaint 1“] 2-3,) The bridge is the subject of a proposed construction project to be performed by Caltrans and also part of a separate California Environmental Quality Act (“CEQA”) lawsuit between the parties in Marin S