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THE KIRK L-RW PIRA 601 UnIVERSITY fIVEnUE, SUITE 264 ` AcQfi TiE0TO, CfILif0kn1i; 95825 TEL (916) 567-3960 • RX (916) 567-3967 ry <t �rvvi -- 4 2p0, December 13,2001 °ERMWS F,�',j; t'rEgLT E r1��S h VIA FACSIMILE (209-464-0138) AND U.S. MAIL San Joaquin County Environmental Health Division Attention: Tauri 304 East Weber Avenue, Third Floor Stockton, CA 95201 Re: Public Records Request 23023 South Santa Fe Road Riverbank California 95320 Dear Tami: On November 29, 2001, we submitted a public records request under the California Public Records Act ("CPRA") for all documents related to the real property at 23023 South Santa Fe Road, Riverbank, California ("Lynch Property"). On December 10, 2001, you informed me by telephone that the entire file of the San Joaquin County Environmental Health Division ("SJEHD") is protected from public disclosure under the litigation exemption of the CPRA. Based on our research, it is clear that the entire file could not be exempt from public disclosure under the litigation exemption. The litigation exemption does not apply to (1) documents that were created in the ordinary course of business, or (2) documents created before Delta Funding filed its claim against SJEHD. "The CPRA embodies a strong policy in favor of disclosure of public records, and any refusal to disclose public information must be based on a specific exception to that policy." California State University v. Superior Court (2001) 90 CA4th 810, 831; Lorig v. Medical Board (2000) 78 CA4th 462, 467. "[A] plaintiff who has filed suit against a public agency may, either directly or indirectly through a representative, file a CPRA request for the purpose of obtaining documents for use in the plaintiffs civil action, and the documents must be produced unless one or more of the statutory exemptions set forth in the CPRA apply." County of Los Angeles v. Superior Court (Axekad) (2000) 82 CA4th 819, 826. "The exemptions [to the CPRA] are to be narrowly construed ...and the government agency opposing disclosure bears the burden of proving that one or more apply in a particular case." County of Los Angeles v. Superior Court Axelrad (2000) 82 CA4th 819; Fairley v. Superior Court (1998) 66 CA4th 1414, 1420; California State University v. Superior Court (2001) 90 CA4th 810, 831. The litigation exemption in the CPRA is found in Cal. Gov. Code Section6254(b), which provides as follows: