California Supreme Court Watch

#24-32 City of Gilroy v. Superior Court, S282937. (H049552; 96 Cal.App.5th 818, mod. 97 Cal.App.5th 462a; Santa Clara County Superior Court; 20CV362347.) Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate.

City of Gilroy and Law Foundation of Silicon Valley were consolidated for all purposes. They both present the following issues: (1) May an organization obtain declaratory relief under the Public Records Act (Gov. Code, § 7920.000 et seq.) based on a public entity’s failure to preserve records while the organization’s requests for those records were pending? (2) Is it a violation of the Public Records Act for a public entity to fail to preserve records it determined were exempt from disclosure before a court has had an opportunity to conduct a review?

Petition for review granted: 2/21/2024

Case fully briefed: 8/26/2024

See the Court of Appeal Opinion.