COUNTY OF SAN BENITO v. SUPERIOR COURT

No. H050285.

96 Cal.App.5th 243 (2023)

COUNTY OF SAN BENITO, Petitioner, v. THE SUPERIOR COURT OF SAN BENITO COUNTY, Respondent; WESTERN RESOURCES LEGAL CENTER, Real Party in Interest.

Court of Appeals of California, Sixth District.

October 10, 2023.


Attorney(s) appearing for the Case

Best Best & Krieger, Nicholas H. Pyle and Dustin J. Nirschl for Petitioner.

No appearance for Respondent.

Lehotsky Keller, Scott A. Keller and Gabriela Gonzalez-Araiza for Real Party in Interest Western Resources Legal Center.

Keker, Van Nest & Peters, Bailey W. Heaps , Jason S. George and Eleanor F. Brock for Amicus Curiae on behalf of Real Party in Interest Better San Benito.


OPINION

When a party seeks pretrial discovery in a proceeding to enforce the California Public Records Act (Public Records Act; Gov. Code, § 7921.000 et seq.),1 "the trial court must determine whether the discovery sought is necessary to resolve whether the agency has a duty to disclose...

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