COUNTY OF SANTA CLARA v. SUPERIOR COURT OF SANTA CLARA COUNTY

No. H031658.

170 Cal.App.4th 1301 (2009)

COUNTY OF SANTA CLARA et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; CALIFORNIA FIRST AMENDMENT COALITION, Real Party in Interest.

Court of Appeals of California, Sixth District.

February 5, 2009.


Attorney(s) appearing for the Case

Ann Miller Ravel, County Counsel, and Robert A. Nakamae, Deputy County Counsel, for Petitioners.

Jennifer B. Henning for California State Association of Counties as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Holme Roberts & Owen, Roger Myers, Rachel Matteo-Boehm and Kyle Schriner for Real Party in Interest.

Davis Wright Tremaine, Mary Duffy Carolan and Jeff Glasser for California Newspaper Publishers Association, Los Angeles Times Communications LLC, Freedom Communications, Inc., Copley Press, Inc., The Bakersfield Californian, The Press-Enterprise, MediaNews Group, The Reporters Committee for Freedom of the Press and National Freedom of Information Coalition as Amici Curiae on behalf of Real Party in Interest.

Jenner & Block, Paul M. Smith, Iris E. Bennett, Daniel I. Weiner and Peter H. Hanna for The National Security Archive and Center for Democracy & Technology as Amici Curiae on behalf of Real Party in Interest.

Marcia Hoffmann for Electronic Frontier Foundation as Amicus Curiae on behalf of Real Party in Interest.

Meyer, Klipper & Mohr, Michael R. Klipper, Christopher A. Mohr; Coblentz Patch Duffy & Bass and Jeffrey G. Knowles for American Business Media, Choicepoint Asset Company LLC, First American CoreLogic, National Association of Professional Background Screeners, Real Estate Information Professionals Association, Reed Elsevier and Software & Information Industry Association as Amici Curiae on behalf of Real Party in Interest.

Timothy S. Guster for Seventy Seven GIS Professionals and Great Oaks Water Co. as Amici Curiae on behalf of Real Party in Interest.


OPINION

McADAMS, J.—

This writ proceeding raises weighty questions of first impression, which illuminate tensions between federal homeland security provisions and our state's open public record laws. This proceeding also requires us to consider a state law exemption allowing nondisclosure in the public interest; the impact of copyright claims on disclosure; and the extent to which charges for electronic...

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