Judge Keri G. Katz, Case 37-2018-00026433-CU-WM-CTL 2023-11-17 Tentative Ruling

Judge: Keri G. Katz, Case: 37-2018-00026433-CU-WM-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 16, 2023

11/17/2023 08:30:00 AM C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited Writ of Mandate Hearing on Petition 37-2018-00026433-CU-WM-CTL VOICE OF SAN DIEGO VS. SAN DIEGO UNIFIED SCHOOL DISTRICT [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The hearing on Petitioners Voice of San Diego and Scott Lewis' petition having commenced on December 16, 2022, with respect to Petitioners' California Public Records Act claims, the court now issues the following ruling as to Petitioners' CCP § 526a claims.

Petitioners' papers contain numerous procedural irregularities. Petitioners submit a document titled 'BINDER OF EXCERPTS CITED IN PETITIONERS' OPENING BRIEF (CCP § 526a CLAIMS)' which states: '. . . this binder (provided as a thumbdrive also including the Notice of Lodgment in Support of Petitioners' Opening Brief), contains excerpts of the record material cited in Petitioners' Opening Brief (CCP § 526a Claims).' This document references exhibits numbered 1-24. However, this document, which was submitted to the court in hard copy form on September 26, 2023, has not been electronically filed and there is no proof of service showing service of this document on SDUSD. Also, submitting exhibits in electronic form is in violation of San Diego Superior Court Local Rule, 3.2.6. As such, the court cannot consider these exhibits as they are not properly before the court. Petitioners filed a 'NOTICE OF LODGMENT IN SUPPORT OF PETITIONERS' OPENING BRIEF (CCP § 526a CLAIMS)' [ROA 273] which references exhibits numbered 1-4. These exhibits are not electronically filed.

Petitioners provided a hard copy of Exhibits 1-4 at approximately 4:30pm on November 14, 2023, and only after a request from the court clerk. Petitioners filed another document titled 'BINDER OF EXCERPTS CITED IN PETITIONERS' OPENING BRIEF (CCP § 526a CLAIMS)' which also attaches exhibits numbered 1-4. Unlike the document of the same name discussed above, this document was filed by Petitioners [ROA 285] (with Petitioners' reply papers) and with a proof of service showing service on SDUSD [ROA 287]. Petitioners also filed a 'NOTICE OF LODGUMENT IN SUPPORT OF PETITIONERS' REPLY BRIEF (CCP § 526a CLAIMS)' [ROA 282] which attaches an Exhibit 1.

Petitioners provided a hard copy of Exhibit 1 to the court at the time of filing. Petitioners filing and submission of exhibits in the manner set forth above, and with multiple exhibits with the same exhibit numbers, places an undue burden on this court in ruling on this petition. For the reasons set forth below, the court will provide Petitioners with an opportunity to correct these irregularities.

On the merits, Petitioners seek relief under CCP § 526a against Respondent San Diego Unified School District for SDUSD's alleged illegal expenditure of public funds. Petitioners argue that SDUSD delayed production of records in response to Petitioners' CPRA requests, that such delays are as a result of SDUSD's illegal policies and practices and that such illegal policies and practices constitute an illegal expenditure of funds.

Petitioners identify 31 CPRA requests in 'PETITIONERS' INDEX OF PUBLIC RECORDS REQUESTS' [ROA 201]. Petitioners submit an 'updated' version of this Index as Exhibit B to their opening brief, Calendar No.: Event ID: TENTATIVE RULINGS

2980662 5 CASE NUMBER: CASE TITLE: VOICE OF SAN DIEGO VS. SAN DIEGO UNIFIED SCHOOL DISTRICT 37-2018-00026433-CU-WM-CTL wherein Petitioners identify the same 31 CPRA requests. In their opening brief at footnote 5, Petitioners 'incorporate[] by reference' Petitioners' reply to SDUSD's response to Petitioners' Index [ROA 217] which reply addresses each of the 31 CPRA requests. Petitioners reply is 30 pages in length and also includes Exhibits A-BB [ROA 210, 211, 212, 218] totaling approximately 4,900 pages. Although Petitioners refer to all 31 CPRA requests in Petitioners' Index and in Petitioners' reply to SDUSD's response to Petitioners' Index, in their opening brief, Petitioners specifically discuss only 9 of the 31 CPRA requests – Request Nos. FY20162017.162, FY20172018.152, FY20152016.107, FY20162017.095, FY20182019.013, FY20192020.085, FY20152016.062, FY20192020.151, FY20162017.112.

In opposition SDUSD submits as Exhibit A its response to Petitioners' updated Index with what SDUSD contends are 'Actual Production Dates' as to all 31 CPRA requests. SDUSD also submits the Declaration of Jeffrey Day [ROA 277] who sets forth the production dates, as well as the reasons for the dates of production by SDUSD, but only as to the 9 CPRA requests specifically discussed by Petitioners in their opening brief. It appears from SDUSD's opposition that SDUSD relied on Petitioners' discussion of only 9 of the 31 CPRA requests in Petitioners' opening brief as Petitioners' abandonment of Petitioners' arguments with respect to the remaining 22 CPRA requests. In opposition SDUSD submits evidence only as to 9 of the 31 CPRA requests. Unlike Petitioners, SDUSD does not reference or incorporate its amended response to Petitioners' Index [ROA 208] (which amended response addresses all 31 CPRA requests at issue). Moreover, unlike Petitioners' reply to SDUSD's amended response to Petitioners' Index, SDUSD's amended response to Petitioner's Index does not attach or reference any exhibits or evidence and instead states: The above serves as SDUSD's summary of its responses to the PRA requests identified in Petitioners' index. SDUSD is prepared to submit documents, provide witness declarations, and offer testimony further expounding on the above requests, including the justification for timing of the document productions.

[ROA 208] Given these circumstances, wherein SDUSD responded only as to 9 of the 31 CPRA requests at issue, and SDUSD has not had an opportunity to submit evidence as to the remaining 22 CPRA requests, and where Petitioners' papers contain numerous procedural defects, the court finds a continuance appropriate to ensure that all evidence is properly before the court.

The court allows Petitioners leave to file and serve, on or before January 12, 2024, the document titled 'BINDER OF EXCERPTS CITED IN PETITIONERS' OPENING BRIEF (CCP § 526a CLAIMS)' previously submitted to the court in hard copy form only on September 26, 2023. The court also allows Petitioners leave to lodge, on or before January 12, 2024, Petitioners' Exhibit Nos. 1-24 referenced in this document. These exhibits shall be submitted in hard copy form.

The court allows SDUSD leave to file and serve, on or before January 26, 2024, a supplemental opposition, with any accompanying evidence, addressing the remaining 22 CPRA requests. Petitioners shall be allowed to file and serve a supplemental reply, on or before February 2, 2024, as to these 22 CPRA requests only.

The court orders Petitioners to, on or before February 2, 2024, file and serve a Summary identifying all of the filings Petitioners rely on, including previously filed papers. Petitioners shall also submit courtesy copies of all such filings. All exhibits shall be tabbed.

The court orders SDUSD to, on or before February 2, 2024, file and serve a Summary identifying all of the filings SDUSD relies on in opposition, including previously filed papers. SDSU shall also submit courtesy copies of all such filings. All exhibits shall be tabbed.

The court sets the hearing on this matter for February 16, 2024 at 8:30am.

Calendar No.: Event ID: TENTATIVE RULINGS

2980662 5 CASE NUMBER: CASE TITLE: VOICE OF SAN DIEGO VS. SAN DIEGO UNIFIED SCHOOL DISTRICT 37-2018-00026433-CU-WM-CTL If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Calendar No.: Event ID: TENTATIVE RULINGS

2980662 5