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THE KIRK LAW FIRM <br /> San Joaquin County Environmental Health Division <br /> Attention: Tami <br /> December 13, 2001 <br /> Page 3 <br /> not otherwise exempt from disclosure before litigation commences, the fact that <br /> litigation does commence would not change the public nature of the record so as to <br /> exempt it from disclosure. Specifically, the subdivision would not exempt from <br /> disclosure such records of an agency that antedate the filing of a claim under the <br /> Tort Claims Act. <br /> ...As we now see, the chronological boundary to establish when the exemption of <br /> the subdivision applies, is the filing of the complaint or other initiating document, <br /> for the action; thereafter subdivision (b) would exempt from disclosure all <br /> documents generated in connection with the litigation. However, disclosure <br /> would be required of documents that pre-date the filing of the initiating <br /> document, unless their disclosure is protected by some other provision of law." <br /> [Emphasis Supplied] 71 Ops. Cal. Atty. Gen. 235. <br /> Under the litigation exemption, SJEHD may withhold records that were <br /> "specifically prepared for use in the litigation" after Delta Funding filed the claim. However, <br /> SJEHD must produce (1) all documents that were created in the ordinary course of business and <br /> (2) documents that predate the filing of the claim unless protected by another privilege such as <br /> attorney-client privilege or attorney work product privilege. The majority of SJEHD's file was <br /> prepared in the ordinary course of business, before Delta Funding's claim was filed, and must be <br /> produced. <br /> I hope we can resolve this matter without court intervention. If a court compels <br /> disclosure of these documents, SJEHD must pay the attorneys fees and court costs incurred by <br /> Delta Funding. Cal. Gov. Code Section 6259(d); Fontana Police Dept v. Villegas-Banuelos <br /> (1999) 74 CA4th 1249;Motorola v. Dept. of General Services (1997) 55 CA4th 1340. <br /> Please explain, in writing, why SJEHD believes the litigation exemption applies to <br /> their entire file. Cal. Gov. Code Section 6253(c). <br /> Very ruly yours, <br /> ennis J. Priolo <br /> for THE KIRK LAW FIRM <br /> DJP/bac <br />