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TRACY PRESS, INC. v. SUPERIOR COURT

No. C056812.

164 Cal.App.4th 1290 (2008)

TRACY PRESS, INC., Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; CITY OF TRACY, Real Party in Interest.

Court of Appeals of California, Third District.

July 16, 2008.

Attorney(s) appearing for the Case

Mark V. Connolly; Levy, Ram & Olson, Karl Olson; Kenyon Yeates and Charity Kenyon for Petitioner.

Davis Wright Tremaine, Duffy Carolan and Rochelle L. Wilcox for California First Amendment Coalition, California Newspaper Publishers Association, Los Angeles Times Communications LLP, Copley Press, Inc., The Associated Press, The McClatchy Company, The Bakersfield Californian, San Francisco Bay Guardian, Herburger Publications, Inc., Bay Area News Group—East Bay, Sierra Nevada Media Group, The Record, Metro Publishing, Inc., The Riverside Press-Enterprise, Sacramento Valley Mirror, and The San Jose Mercury News as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Debra Corbett, City Attorney, Daniel Sodergren, Bill Sartor, Deputy City Attorneys; McDonough Holland & Allen, Ann Taylor Schwing and Iris Yang for Real Party in Interest.

Best Best & Krieger, Shawn Hagerty and Kevin R. Dale for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Real Party in Interest.

OPINION

NICHOLSON, Acting P. J.—

After the superior court denied a newspaper's petition for writ of mandate against a city concerning a public records request, the newspaper filed a petition for writ of mandate in this court. In so doing, however, the newspaper named only the city and did not name the city council member from whom the newspaper sought records, even though that city council member had been a named party in the superior...

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