Jentz v. City of Chula Vista
Jackie Lancaster and Earl Jentz (petitioners) petitioned for a writ of mandate seeking an order that the City of Chula Vista (City) produce public records requested under the California Public Records Act (CPRA). After the City produced numerous documents and privilege logs in response to petitioners' requests, the parties filed cross-motions for judgment. The court granted the City's motion and denied petitioners' motion for judgment in their favor, finding all requested public records had been produced. The court also denied petitioners' request for attorney fees under Government Code section 6259, subdivision (d), which requires a court to award a plaintiff reasonable attorney fees if the plaintiff prevailed in litigation under the CPRA.[1] The court determined petitioners were not prevailing parties because the litigation did not cause the City to produce the records, and the requested documents would have been produced irrespective of the litigation. The court thus entered judgment in the City's favor.
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